AKASH Vs. GIAN SINGH

JUDGEMENT

(1.) This revision has been filed against the order dated 5.9.2009 passed by learned Civil Judge (Junior Division), Jubbal in CMA No. --/6/2009 rejecting the application of Petitioner and Respondent Nos. 2 to 8 filed under Order 18, Rule 17, Code of Civil Procedure read with Section 138 of the Indian Evidence Act for recalling the witnesses of Respondent No. 1 for further cross-examination.

(2.) The facts in brief are that Respondent No. 1 had filed a suit for possession against Sain Singh regarding land more specifically described in the plaint on the ground that Respondent No. 1 is one of the recorded co-owners with others. Sain Singh had illegally occupied the suit land, he was stranger and had no right, title over the suit land. Sain Singh died and his legal representatives Petitioner and Respondent Nos. 2 to 8 were brought on record.

(3.) The suit was contested by the Petitioner and Respondent Nos. 2 to 8, in which they took several preliminary objections including the plea of adverse possession. It has been alleged that Respondent No. 1 was aware of the possession of Petitioner and Respondent Nos. 2 to 8 since the lifetime of his father and at least from the year 1986. The Respondent No. 1 has stepped into the shoes of his father. The prayer was made for dismissal of the suit. The Respondent No. 1 filed replication and reiterated his stand taken by him in the plaint.,.. On the pleadings of the parties, several issues were framed including issue No. 4 whether the Plaintiff (sic Petitioner and Respondent Nos. 2 to 8) has become owner of the suit land by way of adverse possession,