PREM LATA Vs. AVTAR DHALIWAL

JUDGEMENT

(1.) The petitioner-defendant, through the present revision petition filed under Article 227 of the Constitution of India, assails order dtd. 31/1/2024 (Annexure P-3) passed by the Civil Judge (Junior Division), Malerkotla, whereby the evidence of defendant has been closed by Court order except her cross-examination as DW.

(2.) The facts of the case in brief are that the respondent-plaintiffs have filed a suit for declaration inter alia to the effect that being class-I heirs, they are joint owners of land measuring 8 kanal and one house out of the land measuring 49 kanal 2 marla, 1 kanal 9 marla, 19 kanal 4 marla and 6 kanal 16 marla, situated at village Dasounda Singh Wala, Tehsil Ahmedgarh, as per jamabandi for the year 2015-16 and the revenue record is liable to the rectified in this regard. The respondent-plaintiffs closed their evidence on 20/7/2023 and the proceedings were deferred to 5/9/2023 for defendant's evidence. On 31/1/2024, the petitioner-defendant tendered her affidavit as examination in-chief and her cross-examination was deferred on the request of counsel for the plaintiffs but on the same date, the defendant's evidence was closed by order of the Court except her cross-examination and she was bound-down for 12/2/2024.

(3.) Learned counsel for the petitioner submits that the petitioner-defendant Prem Lata (DW) was not cross-examined on the adjourned date as counsel for the plaintiffs had requested for an adjournment to cross-examine the said witness. The proceedings are now pending for 28/2/2024.