HAZUR SINGH Vs. CHANDER SHEKHAR

JUDGEMENT

(1.) THE matrix of the facts and material, culminating in the commencement, relevant for disposal of the instant revision petition and emanating from the record, is that initially, the petitioner -plaintiff Hazur Singh son of Sardar Singh (for brevity ''the plaintiff ''), has  instituted a suit for recovery of amount of loan of Rs.2,79,000/ -, against respondent - defendant Chander Shekhar son of Jai Dial (for short ''the defendant ''), on the basis of agreements dated 22.12.2006 and 29.07.2008. The defendant contested the suit, filed the written statement, stoutly denied the allegations contained in the plaint and prayed for dismissal of the suit.

(2.) HAVING framed the issues arising out of the pleadings of the parties, the trial Court slated the case for rebuttal evidence and arguments. Thereafter, the plaintiff moved an application for additional evidence for permission to examine the Handwriting and finger expert and stamp vendor as witness to prove the pointed agreements. However, the trial Court dismissed the application, vide impugned order dated 05.12.2013 (Annexure P -1).

(3.) AT the very outset, in exercise of power conferred under Article 227 of the Constitution of India, I hereby exempt the issuance of notice to the respondent -defendant, in order to save him from the expenditure of counsel fees, litigation expenses in this Court and the delay in disposal of the suit, particularly when he can well be compensated with adequate costs in this context. Be that as it may, in case, the defendant is aggrieved by the order, in any manner, he would be at liberty to file a petition to recall this order without accepting the costs.