KISHORE SINGH Vs. KARAM CHAND

JUDGEMENT

(1.) This petition is directed against the order dated 8.8.2012 passed by learned Civil Judge (Senior Division), Una, in Civil Misc. Application No. 155-VI-2012 in Civil Suit No. 154/2008. It has been submitted by the learned counsel for the petitioners that the evidence of the respondents was closed by the order of the Court on 29.2.2012 when respondents failed to produce and examine any witness despite many opportunities. Thereafter, the respondents moved an application and the learned Court below without appreciating the conduct of the respondents allowed the application. It has been submitted that the Court below has erred in allowing the application and permitting the respondents to examine the witnesses.

(2.) Heard. The evidence of the respondents was closed on 29.2.2012, thereafter the respondents moved an application for examining some witnesses. In the application, it has been stated that the witnesses of the respondents were not present in the Court as they were prevented by the petitioners for appearing in the Court.

(3.) The ground taken in the application by the respondents has not been supported by any corroborative material on record, however the trial Court has allowed the application. In the interest of justice since the application has been allowed, I am not inclined to interfere in the impugned order save and except that the cost imposed by the Court below is on the lesser side. In these circumstances, before examining the witnesses of the respondents in pursuance of the order dated 8.8.2012, the respondents shall pay Rs. 2000.00 costs to the petitioners herein. The suit is of the year 2008, the Court below shall not give more than two opportunities to the respondents to examine the witnesses permitted to be examined vide order dated 8.8.2012. The interim order dated 24.8.2012 is vacated. The parties through their counsel are directed to appear before the trial Court on 28.12.2012.The petition is disposed of on above terms, so also the pending application.