SURINDER KUMAR Vs. LAXMAN DASS AMAR NATH

JUDGEMENT

(1.) The respondent Laxman Dass had filed Civil Suit No.91 of 2001, in the learned trial Court. He adduced his evidence and the opportunity was accorded to the defendants to lead their evidence. Without examining the defendants, other witnesses were examined. When the witnesses of the defendants were not present, evidence of the defendants was closed. Thereafter, an application under Section 151 C.P.C. to examine the defendants was moved, which was also declined. Aggrieved by the order dated 20.7.2011 to this effect passed by the learned trial Court the present petition has been preferred.

(2.) Briefly stated the facts are that the suit was filed by the respondent Laxman Dass seeking declaration and injunction as a consequential relief qua the suit land, which was resisted and contested by the petitioners herein.

(3.) On 23.12.2002, learned trial Court framed the issues on the pleadings of the parties and adjourned the case for the evidence of plaintiff. The process went on, for examining the witnesses of the plaintiff on various dates; ultimately an application Under Order 7 Rule 14 C.P.C. was moved by the plaintiff to place on record the original agreement, which was allowed vide order dated 3.10.2007 subject to the cost of '.200/-. Thereafter, some more witnesses were examined by the plaintiff, finally the evidence was closed on 25.2.2010.