VIJAY KUMAR GAUTAM Vs. BHUPINDER SINGH AND OTHERS

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 30.03.2016 passed by the learned Additional Civil Judge (Senior Division), Mukerian, vide which the application moved by the petitioner for striking off the defence of the respondents has been dismissed.

(2.) Petitioner contended that the respondents have availed number of opportunities to produce the evidence. Even, the costs were imposed. But, they had not concluded their evidence. He contended that defendant no.3 is the brother of defendants no.1 and 2 and was earlier ex parte. He moved an application for setting aside the ex parte proceedings, which was allowed by the learned trial Court, which has resulted in the delay of disposal of the suit. He further contended that defendant no.2 is still ex parte, then he will come forward and will further delay the disposal of the suit. Thus, he further pleaded that in view of the provisions of Order 17, Rule 1 of the Code of Civil Procedure, 1908 (for short CPC), the evidence of the respondents-defendants should have been closed.

(3.) I have duly considered the aforesaid contentions.