BALJINDER SINGH Vs. GURVINDER KAUR

JUDGEMENT

(1.) -This petition has been directed against the order dated 11.9.1997 passed by Civil Judge (JD), Mansa. By this order, the learned Civil Judge has allowed the application moved by LRs, of defendant No. 1(Parminder Singh) to cross-examine the witness of the plaintiff and to lead their evidence.

(2.) Briefly stated that facts of the case are that the petitioner/plaintiff filed a suit for recovery of Rs. 1,11,689/- against four defendants including deceased Parminder Singh in the year 1989. It is an admitted fact that all the defendants filed the joint written statement in the suit. Initially case was fixed for evidence in the year 1991 but thereafter the defendants filed an application for amendment of the written statement which was allowed and accordingly amended written statement was filed on behalf of the defendants. As a result of the amendment written statement one issue was recast on 27 2.1992 and the case was adjourned to 20.4.1992. Meanwhile defendant Parminder Singh died in the mouth of March, 1992. Copies of the Jimni order which have been reproduced in the grounds of revision show that on 9.6.1992 an application filed by the learned counsel of deceased Parminder Singh for adjourment was allowed to enable him to file an application for bringing on record LRs. of Parminder Singh. The evidence of the plaintiff was closed in the year 1994 and all the witnesses produced by the plaintiff were duly cross-examined by the learned counsel of the defendants Thereafter defendants also examined their witnesses.

(3.) It was only on 29.4,1997 that an application was moved for bringing on record LRs. of deceased Parminder Singh and this application was allowed on 14.5.1997. After lapse of more than three months from the order allowing the aforesaid application, LRs. of deceased Parminder Singh filed an application dated 19.8.1997 for recalling all the witnesses examined by the plaintiff and also seeking permission of the court to examine their witnesses. This application has been allowed by the impugned order dated 11.9.1997.