TEJWANT RAI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of Civil Revision No. 1470 of 1975 and Civil Revision No. 1561 of 1975.

(2.) The plaintiff-petitioner filed a suit for the recovery of Rs. 17,950/- on account of arrears of pay and allowances upto March 31, 1971. During the pendency of that suit, the present suit from which both these petitions have arisen, was filed for the recovery of Rs. 13,950/- on account of arrears of salary, etc. for the subsequent period, i.e. from April 1, 1971 to July 25, 1972. The plaintiff's application to consolidate the two suits was dismissed by the trial Court. Thereupon, an application dated March 4, 1975, was made by the plaintiff to stay the present suit (the subsequent suit). That application was dismissed by the order of the learned Subordinate Judge, dated July 18, 1975. While declining to stay the suit, the learned Subordinate Judge directed this suit to come up along with the earlier one on August 7, 1975. Civil Revision No. 1470 of 1975 has been filed against the order of declining to stay the suit.

(3.) Though even issues had not been framed in the second suit and in the nature of the things no date for recording evidence could have been fixed therein before framing issues yet the learned Subordinate Judge passed an order for the plaintiff's evidence in the second suit being produced. The case was thereafter taken from one to the other date during September and October, 1975, either in order to accommodate one or the other of the counsel for the parties or otherwise till it came up for hearing again on October 3, 1975. On that date, an order was passed adjourning the case to October 4, 1975, i.e. the very next date, for evidence. A rider was added in the order to the effect that this would be the last opportunity for the plaintiff to produce his evidence. He did not, however, take his own order seriously and on October 4, 1975, he adjourned the suit to October 13, 1975. On that date, he declined to give the plaintiff any further opportunity to produce his evidence other than his own statement which was accordingly recorded. No other witness of the plaintiff was present and his case was closed and the suit was adjourned for recording the evidence of the defendant to November 15, 1975. Civil Revision No. 1561 of 1975 has been filed by the plaintiff against that order.