HARBANS SINGH Vs. BIRJINDER SINGH

JUDGEMENT

(1.) PRAYER in the present petition filed under Article 227 of the Constitution of India is for setting aside order dated 25.2.2015 (Annexure P - 3) passed by the learned court below, whereby evidence of the petitionerdefendant no.1 was closed by order of the court.

(2.) THE proceedings in the present case arise out of a suit for declaration filed by respondent no. 1 /plaintiff against the petitioner and respondent nos. 2 to 15/ defendants. For the view I am taking in the present petition, I do not deem it appropriate to issue notice to the respondents, as the same would unnecessarily delay not only the disposal of the present petition but the suit as well.

(3.) LEARNED counsel for the petitioner submitted that the suit was filed by respondent no. 1/ plaintiff on 12.6.2008. The issues were framed on 26.9.2011 and additional issues were framed on 28.10.2013. The plaintiff closed his evidence on 1.4.2014. Defendant examined DW Harbans Singh in chief on 15.7.2014, however, his cross -examination was defererd as counsel for the plaintiff was not available due to ill health. On 25.8.2014, as no DW was present, the case was adjourned to 15.9.2014 on which date DW1 Harbans Singh was partly cross -examined as counsel for the plaintiff moved an application for summoning the original file from the revenue record. Again on the adjourned date i.e. on 7.10.2014 DW Harbans Singh could not be examined as the summoned record was not produced. The case was adjourned to 21.10.2014. On 18.11.2014 and 29.11.2014, as no DW was present, the case was adjourned. On 18.12.2014, cross -examination of DW Harbans Singh and statement of Gopal Krishan were recorded and the case was adjourned to 13.1.2015. On 13.1.2015, cross -examination of DW Harbans Singh was deferred to 20.1.2015 as counsel for the plaintiff sought adjournment. On 20.1.2015, Cross -examination of DW Habans Singh was recorded. On 2.2.2015, counsel for the defendant could not conclude his evidence due to death of DW Sukhdev Singh. On 24.2.2015, DW Bhawan Singh was cross -examined and DW Mastan Singh was cross -examined partly and the case was adjourned to 25.2.2015. On 25.2.2015, DW Mastan Singh was cross -examined. As no other DW was present, the learned Court below closed the evidence of the petitioner by order. He further submitted that in case one opportunity is granted, the petitioner will complete his entire evidence on the date fixed.