SARDUL SINGH Vs. HARDAYAL

JUDGEMENT

(1.) Vide impugned order dated 20.11.2007 the evidence of the defendant- petitioner has been closed by the trial court by observing that several effective opportunities have already been given to the defendants to conclude their evidence.

(2.) Despite notice issued to plaintiff- respondent No.1, no one has put in appearance. Respondent No.1 was proceeded against ex-parte on 3.11.2008. The objective for closing of the evidence of the defendantpetitioner, mentioned by the trial court, seems to be reasonable on the face of it but learned counsel for the defendant- petitioner has submitted that no evidence of the defendants has been produced on the record and that if only one opportunity is given to the defendant- petitioner to produce the entire evidence at his own responsibility, the interest of justice would be adequately met and the defendants will get an opportunity to contest the claim of the plaintiff- respondent No.1, raised in the suit for a declaration pertaining to the suit property, which is more than 200 kanals. The trial court had been restrained from passing the final order on 16.9.2008 by this court. An attempt had been made to serve respondent No.1 through his counsel also but despite the proceedings having been stalled for the last more than one year, plaintiff- respondents have not come forward to contest the revision petition. In the interest of justice, I allow this revision petition and order dated 20.11.2007 is hereby set aside and it is ordered that the defendants will be permitted to produce their entire evidence at their own responsibility on one date of hearing, fixed by the trial court. The trial court may also permit the defendants to tender in evidence any document in accordance with the procedure of law by giving one more opportunity within the period of one month after the receipt of a certified copy of this order subject to payment of a sum of Rs.10,000/- as costs. The costs will be paid by the defendant- petitioner by putting in appearance before the trial court on 16.1.2010. In case costs are not paid, this revision petition will be deemed to have been dismissed and the trial court will be at liberty to proceed in accordance with law. However, in case the costs are paid on 16.1.2010, the trial court will fix one date for production of the entire evidence of the defendants at their own responsibility.