AMAR KUMAR Vs. RET COL RAVI KADAN

JUDGEMENT

(1.) THE epitome of the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, initially, Ch.Amar Kumar son of late Surja Ram petitioner -plaintiff (for brevity "the plaintiff"), has instituted the civil suit dated 29.1.2009 (Annexure P2) (more than five years ago) for a decree of recovery, in lieu of the value of machinery, factory shed apparatus/fittings etc. wrongly uprooted and taken away by and against retired Colonel Ravi Kadan and his wife Mrs. Shadra Kadan respondentsdefendants (for short "the defendants"). The defendants contested his claim, filed their written statement (Annexure P3), stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.

(2.) HAVING completed all the codal formalities, as soon as, the case was slated for rebuttal evidence and arguments, in the meantime, the plaintiff submitted the list (Annexure P6) of 11 witnesses, to be examined in rebuttal evidence. The defendants refuted his prayer, filed the reply (Annexue P7) and prayed for rejection of list of witnesses.

(3.) TAKING into consideration the facts and entire material on record, the plaintiff was permitted to examine two criminal Ahlmads of the Courts, concerned Clerk from the office of Sub Registrar, Harnek Singh Watchman, office of District Food and Supplies Controller and Mahesh Kumar @ Ramesh Rajasthani. At the same time, his plea to summon the remaining witnesses in rebuttal evidence was negated, by means of impugned order dated 10.1.2014 (Annexure P1) by the trial Court.