BHAGWAN DASS Vs. RAM PAYARA

JUDGEMENT

(1.) This revision-petition is directed against an order, dated 29th June, 1972, of the Subordinate Judge First Class, Jullundur, by which the evidence of the plaintiff was closed.

(2.) The facts are that the plaintiff instituted a suit for the recovery of Rs. 3780/- on the basis of pronotes, dated 18th March, 1965. Issues in the case were framed on 5th October, 1971. On the same date, the plaintiff was directed to produce his evidence on 13th December, 1971.

(3.) As is apparent from the resume of the various orders, reproduced above, prior to 9.6.1972 the plaintiff had committed several defaults and he was granted an opportunity to produce his witnesses himself. He was, therefore, not entitled, after committing so many defaults, to the further aid of the Court in summoning the witnesses. Instead of producing the witnesses on 29th June, 1972, in compliance with the previous orders of the Court, the plaintiff moved an application in the Court of the District Judge for transfer of the case. The grounds of revision, as stated, are not based on sound factual premises. It is further wrongly stated in those grounds that all the material witnesses with regard to the pronotes have not been examined. Sant Ram, Gian Chand and Bhikha Ram have been examined. Sant Ram and Gian Chand have not supported the plaintiff.