RAJO Vs. SHANTI DEVI AND OTHERS

JUDGEMENT

(1.) Challenge in the present revision petition is to the order dated 22.9.2014 whereby the Civil Judge (Junior Division), Kaithal has denied the opportunity for further cross-examination of DW1 and DW2 and held it to be opportunity given and posted the case for remaining evidence of the defendant.

(2.) The petitioner/plaintiff is aggrieved against the said order which emanates from a suit for possession by way of partition.

(3.) Counsel has pointed out that evidence was tendered by the defendants and two Dws were present and were partly examined on 8.9.2014 and their cross-examination was deferred on the request of counsel for the petitioner/plaintiff. Thereafter the case was fixed for 19.9.2014 for further crossexamination of the said DW1 and DW2 and for remaining evidence on behalf of the defendants. Costs were also imposed upon the plaintiff/petitioner. On 19.9.2014 the said witnesses did not come present and case was adjourned to 22.9.2014. Resultantly the impugned order had been passed as counsel did not cross examine the said witnesses though the Court kept the matter till 3.30 PM.