BERI ICE FACTORY Vs. SUKHDEV KUMAR

JUDGEMENT

(1.) M/s. Beri Ice Factory have filed this petition against the order of the learned Sub Judge, dated 15-2-1978, vide which the petitioner's evidence was closed. I have perused the order of the learned Sub Judge. Reasons for closure are quite cogent and sound because the petitioners were given many opportunities to produce their witnesses and last opportunity was given to the petitioners to produce entire evidence on 15-2-1978. But they failed to bring their entire evidence on that date. The only infirmity in the order is that after closing the evidence, the learned Sub-Judge should have proceeded under Clause (a) of Rule 3, of Order 17 of the Code of Civil Procedure which is in the following terms :