DEVI RAM Vs. RAVINDER KUMAR

JUDGEMENT

(1.) THE Petitioner by way of this petition under Article 227 of the Constitution of India, has challenged the order passed by learned Civil Judge (Junior Division), Solan, dated 15.2.2011, whereby the evidence of the Petitioner/Defendant was closed by order of the Court. A notice of the petition was issued to the Respondent.

(2.) I have heard the learned Counsel for the parties and have gone through the record of the case.

(3.) IT is clear that the evidence was closed, since no DWs had appeared. However, at the time of passing of the order, the learned trial Court in the said order observed that the witnesses had appeared after the Court time was over and the case was taken up by the learned trial Court at an earlier point of time. Therefore, at the time of passing the said order of closing the evidence of the Petitioner by the order of the Court, the Court could have recalled its order once witnesses had appeared when the order was passed. There was justification to give date to the Defendant to produce the evidence when his witness appeared for the date fixed.