JASWINDERJIT SINGH Vs. KAMLESH KUMAR

JUDGEMENT

(1.) By this petition, the petitioners challenge the order of the learned trial Court [Civil Judge (Junior Division), Patiala], dtd. 6/12/2018 (Annexure P-1), by which the respondent-defendants have been granted one last opportunity to get the first respondent herein, i.e. DW-1 Kamlesh Kumar, cross-examined on behalf of the plaintiffs, thereby dismissing the application filed by the petitionersplaintiffs seeking that the defence of the defendants be struck off.

(2.) The background of the matter is that on 3/11/2018, the trial Court, noticing that "no defendants' evidence is present", had granted a request for adjournment by counsel for the defendants, with the hearing adjourned to 15/11/2018 for defence evidence.

(3.) As regards the question that arises in the present petition, it is to be noticed that vide the order dtd. 15/11/2018, it was also noticed by the trial Court that costs earlier imposed on 3/11/2018 had not been paid but yet, in the interest of justice, one more opportunity was granted to the defendants to conclude their entire evidence subject to further payment of costs of Rs.1,000.00, failing which their evidence was to be closed by the Court itself on 21/11/2018.