KAILASHO Vs. SUKHDEV SINGH AND ORS.

JUDGEMENT

(1.) THE revision is a hopeless attempt to challenge the orders which are innocuous and which have no bearing on the merits of the case. The orders impugned were orders of adjournment, which according to the plaintiff, ought not to have been granted because the case was adjourned for production of evidence of the side of third defendant, recorded the statements of the third defendant that he would conclude his evidence, if he was not able to produce such evidence at the next hearing. The Court below still adjourned the case in spite of earlier statement, by imposing costs on the subsequent two hearings, Rs. 250/ - on 8.3.2004 and Rs. 1,000/ - on 31.3.2004.

(2.) LEARNED Counsel for the petitioner objects to these orders on three grounds, namely, the trial court ought not to have granted an opportunity especially after the third defendant bound himself to produce his entire evidence by his statement on 7.1.2004 but which he did not produce on 8.3.2004 as undertaken by him. The grant of time by the Court below according to him was therefore not justified. His second objection was that after the amended provisions of the Civil Procedure Code, all the documents that a party relies upon ought to have been produced along with the statement and the application filed for leading secondary evidence was not maintainable. Both these objections cannot be taken up in revision especially in a jurisdiction that is supervisory to correct only brazen errors or jurisdictional issues that would initiate the entire order. The orders granting the adjournment or permitting a party to adduce evidence are not matters which shall fall for consideration by intervention in revision.