VEERO DEVI Vs. BIHARI LAL

JUDGEMENT

(1.) IN view of the nature of the order that is proposed to be passed in the present revision petition under Section 115 of the Code of Civil Procedure, 1908 (in short 'CPC') filed by the petitioner (defendant No.4) laying challenge against the order dated 21.2.2013, whereby the learned trial court has closed her evidence by order of the court, issuance of notice to contesting respondent No.1 (plaintiff) is dispensed with. Notice need not be issued to respondents No.2 to 4 (defendants No. 2 to 4), being proforma respondents.

(2.) ON 5.2.2013 the learned trial court had granted the prayer of defendant No.4 for grant of 15 days time to lead remaining evidence in defence. However, the list of witnesses was filed quite belatedly only on 18.2.2013, which was taken up on 19.2.2013 and orders as regards filing of process fee and diet money were passed. However, defence on behalf of defendant No.4 was closed vide order dated 21.2.2013, which reads as under:-

(3.) IN view of the above, the petition is allowed and the impugned order dated 21.2.2013 is set aside with a direction to the petitioner to appear before the learned trial court on 24th April, 2013 and take further steps, if any, for summoning her witnesses mentioned in the application dated 18.2.2013, for a date to be fixed by the learned trial court. In addition to summons to be served on the witnesses through the process serving agency, dasti summons shall also be made available to defendant No.4 on usual terms, so that she may take effective steps to serve them so as to obviate any possibility of any further delay in final disposal of the case.