SURENDER SINGH Vs. SUNDER SINGH VERMA

JUDGEMENT

(1.) DESPITE service neither the respondents nor their authorized agent has put in appearance, as such proceeded exparte.

(2.) VIDE order dated 23.1.2012, the learned Civil Judge (Junior Division), Court No. II, Paonta Sahib, closed the evidence of the plaintiff by passing the following order:

(3.) THE petitioner was ordered to place on record the certified copies of the zimni orders. Though he placed on record some, but no zimni orders with effect from 19.2.1011 till 28.7.2011 were produced. But however, the facts mentioned in the order impugned are not denied, which show that every time an attempt was made by the plaintiff to play with the Court by seeking repeated adjournments to the learned trial Court liberally granted right from the time of framing the issues. When the last opportunity was accorded on 28.7.2011 thereafter the plaintiff devised a noble method by moving an application seeking amendment in the plaint which was found to be unwarranted and it was dismissed with the exemplary costs of `2,000/- as a measure of punishment for his delaying tactics and even the learned trial Court further gave him an opportunity of more than two months for his evidence and fixed the case for 23.1.2012 on which date he again failed to produce the witness being the last opportunity despite informing him of consequences in failing to do so. But however, facts disclose that the plaintiff was successful in earning more than a year in lingering on his suit before the learned trial Court. It is not understood as to why so much leniency and generosity was shown in granting repeated opportunities to the plaintiff to lead evidence without a justifying cause contrary to the provisions of the Code of Civil Procedure. Since, I do not see any infirmity, perversity or illegality or wrong exercise of the jurisdiction by the learned trial Court in passing the impugned order, the petition is dismissed, so also the pending application. THE learned trial Court is hereby directed to expedite the matter.