RAJESH KUMAR Vs. AMIT KUMAR

JUDGEMENT

(1.) Challenge in the present revision petition, filed by the petitioner plaintiff, is to the order dated 31.072014, passed by the Civil Judge (Jr. Divn.) Jalandhar, whereby the application for reviewing the orders dated 15.11.2013, 09.12.2013 and 17.12.2013, stands dismissed. Vide the said order, the Trial Court had noticed that last opportunity was given to conclude the entire evidence and costs of Rs. 300/- was imposed upon the plaintiff on 15.11.2013 and the case had been adjourned to 09.12.2013 but the costs were not deposited and the evidence of the plaintiff was closed. It was noticed that eight opportunities were given from 26.032013 to 09.12.2013 for conclusion of the evidence. It is a matter of fact that not even one witness was examined for a period of 1 1/2 years.

(2.) Counsel for the petitioner has vehemently submitted that since an application for amendment had been filed on 15.11.2013, therefore, the plaintiff-petitioner was under the impression that firstly the same has to be decided.

(3.) After hearing counsel for the petitioner, this Court is of the opinion that there is no scope for interference in the present revision petition. Admittedly, on 15.11.2013 also, costs of Rs. 300/- were ordered to be deposited by the Trial Court. The order passed on 09.12.2013 was on account of the fact that the plaintiff had failed to deposit the said costs and therefore, evidence was closed by order. The case was, thereafter, fixed for 17.12.2013 and even the defendant closed his evidence.