RAM SINGH Vs. JEET SINGH AND OTHERS

JUDGEMENT

(1.) INSTANT petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 11.01.2013 (Annexure P -1) passed by learned Civil Judge (Sr. Divn.), Barnala whereby the evidence of petitioner -defendant no. 3 has been closed by court order. Succinctly stated, the facts for disposal of the present petition are that respondent no. 1 -plaintiff filed a suit for permanent injunction restraining the petitioner -defendant no. 3 and respondents no. 2 to 9 from interfering in his peaceful possession in the suit land measuring 3 marlas. On pleadings of parties, learned trial Court framed the issues and learned counsel for respondent no. 1 -plaintiff closed the evidence vide his separate statement dated 11.02.2012. Thereafter, the petitioner and other defendants were offered to lead their evidence, however, the same could not be concluded and ultimately, the evidence of petitioner along with others was closed by court order vide impugned order dated 11.01.2003 (Annexure P -1).

(2.) I have heard learned counsel for the parties and perused the record.

(3.) LEARNED counsel for respondent no. 1, on the other hand, contended that after availing numerous opportunities by the petitioner and others, their evidence was rightly closed by court order vide impugned order dated 11.01.2013. Now the proceedings are unnecessarily being delayed by the petitioner. The respondent no. 1 is unnecessarily being harassed on account of delay caused by the petitioner. There is no illegality in the impugned order passed by the trial Court.