SUBHASH THUKRAL Vs. RAJ KUMAR AND ORS.

JUDGEMENT

(1.) THIS petition is directed against the order dated 21st April, 2008 whereby the evidence of the petitioner here -in -after referred to as the defendant has been closed.

(2.) I have gone through the record and I find that though it appears that defendant had taken more than 2 -3 years to get statements of his witnesses recorded, in fact on a number of occasions the matter was adjourned because the Presiding Officer was on leave and thereafter the matter was listed for proper order. I also find that at least three applications were filed after framing of issues which also led to certain delays. I find that the defendant had filed affidavits of the witnesses which he wanted to cross -examine but for cross -examination the said witnesses had not been produced despite three dates granted to him.

(3.) THE parties through their counsel are directed to appear before the learned trial Court on 29th November, 2010 and the learned trial Court shall fix the date for recording the statements of the defendant witnesses in the month of December, 2010/January, 2011. It will be the responsibility of the petitioner to produce his evidence on his own responsibility since the affidavits filed are only of the defendants. No other evidence shall be permitted to be led. This order is passed subject to the condition that the petitioner -defendant shall pay costs of Rs. 2,000/ - to the plaintiff on the date next fixed before the trial Court. In case the costs are not paid then the petition shall be deemed to have been dismissed.