(1.) This revision petition has been preferred by the petitioner/defendant against the order dated 22.11.2013 passed by learned Civil Judge (Jr. Division), Court No. (7), Shimla, H.P. in RBT No. 143-1 of 2009/08 whereby the evidence of the petitioner/defendant was closed.
(2.) It has been averred that the only one witness was to be examined, who was an official witness and was to be produced on self responsibility and consequently on the last date i.e. 22.11.2013 for nonproduction of the said witness, the learned Court below closed the evidence of the petitioner/defendant despite the fact that a prayer for adjournment was made, resulting in filing of the revision petition. The said order termed to be illegal, harsh and materially illegal and liable to be setaside on the grounds:
(3.) On dasti notice being issued, the respondent is now served and duly represented by Sh. G.C.Gupta, Senior Advocate, assisted by Ms. Meera Devi. Vide order dated 14.3.2014, the records of the case was summoned and the case was fixed for arguments.