RAJ KUMAR Vs. RAMESH KUMAR

JUDGEMENT

(1.) THE present revision petition is directed against the order dated 11.02.2014 whereby evidence of defendant -petitioner has been closed by order of the trial judge. The prayer is for revising the impugned order and for leave to produce witnesses in defence of the suit. Learned counsel has assailed the order. Heard.

(2.) ACCORDING to him, one opportunity ought to have been granted to the defendant to examine his witnesses.

(3.) IT appears from the record that the plaintiff -respondent No.1 instituted a suit for partition of suit property against the respondentsdefendants. After the plaintiff let in and closed his evidence, the defendant -petitioner had availed several opportunities to lead his evidence. On 26.09.2013, no defence witness was in attendance and the case was adjourned to 16.10.2013 for defence evidence subject to grant of last opportunity for the purpose. On 16.10.2013, the defendant failed to produce his witnesses and the case was again adjourned to 07.01.2014 subject to last opportunity which was also rendered futile by nonproduction. On 11.02.2014, the court was left with no option but to close the evidence by order. The court came to the conclusion that petitionerdefendant had availed six effective opportunities including two last opportunities for leading his evidence but had failed to conclude his evidence. I find no infirmity with the orders passed by the court below. There is no scope left for interference or indulgence in revisional jurisdiction.