RAKESH MEHTA Vs. AMOLAK SINGH

JUDGEMENT

(1.) THE contour of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record is that, petitioner -plaintiff Rakesh Mehta son of Baldev Rai(for brevity "the plaintiff") has instituted the civil suit for possession by way of specific performance of the agreement to sell dated 29.01.2005 against respondents -defendants Amolak Singh son of Bhagwan Singh and others (for short "the defendants"). The defendants contested the suit, filed the written statement, stoutly denied the allegations contained in it and prayed for dismissal of the suit.

(2.) HAVING completed all the codal formalities, the case was slated for evidence of the plaintiff. Ultimately, on 06.06.2012, the trial Court passed the following order(Annexure P -4)(colly.): - "PW3 has been examined in chief, cross examination is deferred. Counsel for the plaintiff stated that plaintiff wants to examine only one witness of bank official also. This was last opportunity to plaintiff to conclude his evidence. Hence, accordingly except for cross -examination of the said witness PW3 and except for statement of official of bank oral evidence of plaintiff is closed by order. This witness is bound down for cross examination for 27.7.2012 and summons for procuring the presence of bank official will be obtained by the plaintiff."

(3.) SEQUELLY , the applications to review/recall the order dated 06.06.2012 and for additional evidence filed by the plaintiff, were dismissed as well by the trial Court, by means of impugned orders dated 26.10.2013 and 17.12.2013(Annexure P -4)(colly.), respectively.