BHOOR SINGH @ BALBIR SINGH Vs. HARDEV SINGH

JUDGEMENT

(1.) THE challenge in the present revision petition is to the order passed by the learned trial Court on 17.12.2002 whereby evidence of the petitioner was closed by order dated 11.10.2006 whereby application filed by the petitioner for permission to lead evidence was declined.

(2.) THE plaintiff-petitioner has filed a suit for recovery of Rs. 41,420/- on the basis of pronote for Rs. 24,000/-. The evidence of the plaintiff was closed on 17.12.2002 after two witnesses of the plaintiff were examined. None for the defendant appeared to cross-examine the said witnesses and, thus, NIL cross-examination was recorded. Thereafter, an application was filed by the plaintiff for permitting him to appear as his own witness. The said application was declined on 11.10.2006 on the ground that since evidence of the plaintiff has been closed by an order earlier, therefore, the plaintiff cannot be allowed to appear as his own witness.

(3.) KEEPING in view the fact that an application for permission to examine himself as his own witness was filed by the plaintiff on 20.12.2002 i.e. three days after the evidence of the plaintiff was closed by order, I deem it appropriate to permit the plaintiff to examine himself as his own witness. The said course will advance the cause of justice. The defendant can very well be compensated with costs.