SURJIT KUMAR Vs. LEHMBER SINGH

JUDGEMENT

(1.) THE facts, having relevant bearing on the disposal of the petition, in the first instance.

(2.) THE plaintiff-respondent Jaswinder Singh did not step into the witness box, as his own witness in the first instance and proceeded to examine certain other witnesses. On their failure to conclude evidence, the petitioners' evidence was closed by the learned Trial Court vide order dated 1.8.2007. The plaintiff-petitioners challenged that order by filing Civil Revision No. 4393 of 2007. That petition came to be allowed by Hon'ble Rajesh Bindal, J. in limine vide order dated 28.8.2007. Thereafter, plaintiff-respondent Jaswinder Singh tendered his affidavit into evidence in lieu of the Examination-in- Chief. It is at that stage that the defendant-petitioners filed an application to the effect that plaintiff-respondent Jaswinder Singh could not be allowed to appear as his own witness as he failed to examine himself at the very outset and he had not obtained the leave of the Court to examine himself, as his own witness, at a later point of time. It is the rejection of that application which is under challenge before this Court.

(3.) A copy of the grounds of petition in Civil Revision No. 4393 of 2007 has been shown to the Court. A perusal thereof falsifies the factual averments made on behalf of the petitioners. It would be appropriate to quote hereunder the averments made in the course of paras 12, 13, 15 and 16 :