RAMESH KUMAR Vs. JASBIR SINGH

JUDGEMENT

(1.) PRESENT revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 15.11.2013 (Annexure P/3) passed by learned Civil Judge (Junior Division), Jalandhar, whereby the evidence of the petitioner -plaintiff has been closed by order of the Court. Heard.

(2.) LEARNED counsel for the petitioner contends that the petitioner -plaintiff had earlier filed wrong affidavit of one of the PWs due to typographical mistake. Thereafter, the petitioner filed an application for substituting affidavit. That application has been allowed by the trial Court vide order dated 24.09.2013. Thereafter, fresh affidavit was required to be filed. At that stage, the evidence of the petitioner -plaintiff has been closed. The petitioner wants to examine himself and other witnesses. The plaintiff has always been depending upon his counsel but due to non -availability of proper advise, evidence could not be led in time. Learned counsel further contends that in the interest of justice, one last effective opportunity may be given to the petitioner to complete his evidence at his own risk and responsibility.

(3.) FOR the reasons stated above, the impugned order dated 15.11.2013 (Annexure P/3) is set aside. The revision petition is disposed of without notice to the respondents with a view to avoid delay and expense in view of the nature of the order.