IQBAL SINGH Vs. KAMAL DEV

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, petitioner/plaintiff assails the order which has been passed by the Court of learned District Judge Hamirpur, H.P. in C.M.A. No.887 of 2019, in Civil Suit No.1 of 2019, titled as Ikwal Singh Versus Kamaldev & Anr, vide which an application filed by present petitioner/plaintiff before the learned Court below, under Section 151 of the Code of Civil Procedure, for granting permission to the applicant/ plaintiff to have his statement recorded after recording statements of other plaintiff's witnesses, being rejected.

(2.) The matter was initially listed before Hon'ble Vacation Judge on 23.01.2020. On said date, Hon'ble Vacation Judge had stayed further proceedings pending before the learned Court below and had ordered issuance of notice to the respondents for today i.e. 27.02.2020, on steps being taken by the petitioner within two days. As per report of the Registry, this order was not complied with by the petitioner as no steps were taken for the service respondents for today within two days and steps were taken as far back as on 24.02.2020.

(3.) In order to ascertain as to whether there is any merit in the present petition, this Court had requested learned counsel for the petitioner to make his submission on merit viz-a-viz the order under challenge.