ASHOK KUMAR Vs. PAWAN KUMAR

JUDGEMENT

(1.) CHALLENGE in the present revision petition filed under Article 227 of the Constitution of India by the petitioner -plaintiff is to the order dated 7.10.2014 whereby the Additional Civil Judge (Senior Division), Jalandhar has closed the evidence of the plaintiff by order.

(2.) THE reasoning given is that the issues were framed on 15.3.2013. The plaintiff had availed sufficient opportunities including last opportunity granted on 26.9.2013.

(3.) A perusal of the paper book would go on to show that the dispute is between the legal heirs of late Sudarshana Rani. The sale deed dated 24.6.1994 was the subject matter of consideration along with the will dated 25.11.2003 registered with the Sub Registrar, Jalandhar. A perusal of the zimini orders would go on to show that the issues were framed on 15.3.2013. The plaintiff was remiss in leading his evidence and on 7.10.2013 one Parveen Kumar, Clerk had come present but could not be examined. He was bound down for 31.10.2013 and the remaining plaintiff 's witnesses were to be produced on the date fixed. On the said date, there was no work on the part of the Advocates due to which case was adjourned to 29.11.2013 and file was received by another Court on transfer. The petitioner was present and examined in chief by way of affidavit and on request of respondents' counsel his cross examination was deferred. He was directed to be present on 12.3.2014 but he was not present on the said date and on 13.5.2014. Thereafter, on 20.8.2014 Joga Singh, Record Clerk, Sub Registrar, Jalandhar was present and examined. Thereafter, the impugned order was passed on 7.10.2014.