GOPAL KRISHAN JIWAN KUMAR Vs. PURAN SINGH

JUDGEMENT

(1.) Mr. Puran Singh, Kartar Singh and Sampuran Singh filed three different suits against M/s. Gopal Krishan Jiwan Kumar and others for rendition of accounts with effect from 1-4-1985 with interest.

(2.) The suits were contested by M/s. Gopal Krishan Jiwan Kumar and other petitioners herein. Issues were framed and the case was fixed for evidence of the plaintiffs. At that stage, the respondents/plaintiffs filed an application for permission to lead secondary evidence in respect of affidavit/receipt alleging that the affidavit/receipt was executed by defendant No. 2 Gopal Krishan and was in his possession. The application was contested by the other side which took up the plea that if he affidavit/receipt was executed by the defendant No. 2 as averred, it could not have been in their possession and ought to be in possession of the plaintiffs.

(3.) As already noticed, there are three suits between the parties where the defendants are common and the learned trial Court vide its order dated 18-8-1997 allowed the application in all the three cases by a similar order. Consequently, the order dated 18th August, 1997 has given rise to the present three revision petitions being filed on behalf of the defendants in the suit. In the case of Sampuran Singh, the order dated 18-8-1997 has been impugned by the petitioner in Civil Revision No. 4389 of 1997, in the case of Puran Singh in Civil Revision No. 4388 of 1997 and in the case of Kartar Singh in Civil Revision No. 4390 of 1997. Thus, it would be convenient as well as expedient to dispose of all the three revision petitions by this common order.