RANJIT SINGH Vs. MEHFIL RESTAURANT

JUDGEMENT

(1.) THE challenge in the present petition is to the order dated August 13, 2007 passed by learned Civil Judge (Junior division), Chandigarh whereby application filed by the petitioner/plaintiff under Order 18, Rule 3 of the Code of Civil Procedure for leading rebuttal evidence was dismissed.

(2.) NOTICE in the petition was issued on august 27, 2007 by Dasti process for September 17, 2007. As per office report, service of the respondent was complete. However, no one appeared for the respondent on the date fixed. Even on November 27, 2007 and today as well no one has appeared for the respondent. Accordingly, petition is taken up for hearing for final disposal.

(3.) BRIEFLY, the facts, as stated in the petition, are that petitioner/plaintiff filed a suit for recovery of Rs. 1,71,405/- against the respondent/defendant which included unpaid amount of various service benefits payable to the petitioner at the time of resignation from employment including a sum of rs. 1,45,000/- given as loan by the petitioner/plaintiff to the respondent/defendant. The allegations made by the petitioner in the plaint were denied by the respondent/ defendant with the plea that the amount of loan had already been returned back to the petitioner. On the pleadings of the parties, following issues were framed :-