SHAM LAL Vs. VANDANA ELECTRONICS AND ANOTHER

JUDGEMENT

(1.) Petitioner filed Civil Suit No. 594 of 28.07.2009 before the trial Court against the respondents for recovery of possession of the suit premises more fully described in the cause title of the plaint and for recovery of 65,068.00 on account of arrears of rent / mesne profit for the period from 01.06.2007 to 30.06.2009 alongwith interest uptill latter date.

(2.) The respondents withstood the suit by filing written statement, thereto, controverting, therein, the averments contained in the plaint. On pleadings of the parties, issues were framed on 26.04.2010. The suit was adjourned for evidence of the petitioners. Numerous adjournments were granted to the petitioner to complete and conclude the evidence but he remained unsuccessful in doing so albeit last adjournment granted for the purpose subject to cost on certain dates.

(3.) Though, the case was fixed for the evidence of the petitioner at his own responsibility, yet, it is made out from the zimni order dated 19.01.2013 that summons issued to PW / Clerk concerned of respondent no.1 received back duly served. But, he (PW / Clerk) had not come present. His name was identified as Dayanand and he was ordered to be summoned through bailable warrants in the sum of Rs. 2,000.00 with one surety in the like amount.