PARVEEN SOOD Vs. JAGJIT KUMAR SOOD AND OTHERS

JUDGEMENT

(1.) The plaintiff has filed the present revision under Article 227 of the Constitution of India for challenging the order dated 18.8.2012 passed by Civil Judge (Jr Division), Ludhiana whereby his evidence was closed by order.

(2.) A perusal of the impugned order shows that on 18.8.2012, no PW was present. It was last opportunity granted to the plaintiff to conclude his entire evidence but he had failed in that direction. Noticing that the issues were framed as far as back as on 21.10.2010 and the plaintiff had availed 14 opportunities for his evidence, including last opportunities and the case was an Action Plan case, the trial Court found no ground to adjourn the case further for his evidence. Accordingly, the evidence was closed by order.

(3.) Counsel for the petitioner has submitted that on 9.12.2011, the petitioner himself appeared as PW-1 and also produced PW-2 Pankaj Sood. Both of them tendered their respective affidavits in examination-in-chief. The case was, thereafter, adjourned for their cross-examination. The petitioner has since been cross-examined. However, PW-2 Pankaj Sood has not been cross-examined so far. It is stated that on a couple of occasions, the counsel for the defendants had sought adjournment in order to cross-examine PW-2 Pankaj Sood. It is also submitted that the petitioner has also cited concerned Clerk of Central Bank of India, Civil Lines, Ludhiana as a witness in support of his case. Despite service, he did not put in appearance on 9.12.2011. Accordingly, the trial Court summoned him through the bailable warrants. The said Clerk of Central Bank of India, Civil Lines, Ludhiana has not put in appearance so far before the trial Court and the trial Court has also not taken any coercive measures to secure his presence. Prayer has, accordingly, been made for permitting the petitioner to produce PW-2 Pankaj Sood for the purposes of his cross-examination as well as to examine concerned Clerk of Central Bank of India, Civil Lines, Ludhiana.