LAWS(P&H)-2006-3-328

NAVEEN CHAUDHARY Vs. RAM

Decided On March 28, 2006
NAVEEN CHAUDHARY Appellant
V/S
RAM Respondents

JUDGEMENT

(1.) The challenge in the present revision petition is to the order passed by the learned trial Court on 31.1.2006, whereby the evidence of the petitioner was closed for the reason that the petitioner has not led his evidence inspite of opportunity granted.

(2.) Learned counsel for the petitioner contends that the petitioner has sought ejectment of tenant on the ground of bona-fide personal requirement. Earlier, the petitioner has produced two witnesses on 14.1.2003 but before their cross-examination could be recorded, the petitioner moved an application for amendment of the petition on 8.5.2003.

(3.) The said application was decided only on 12.1.2006, when the case was fixed for evidence on 27.2.2006. Since the case was fixed for evidence after almost three years, the witnesses could not be produced for the purposes of cross-examination on 27.1.2006 and the case was adjourned to 31.1.2006.