BHAGI RAM Vs. LEKH RAM

JUDGEMENT

(1.) In view of the averments made in the application, seeking early hearing of the petition, the same is allowed and disposed of. CMPMO No.336 of 2019

(2.) By way of this petition, the petitioner has challenged order dtd. 26/6/2019, in terms whereof, an application filed by the petitioner seeking liberty of the Court to lead evidence by examining himself as a witness stands dismissed.

(3.) Brief facts necessary for the adjudication of the present petition that the respondents herein have preferred a suit against the petitioner who is a defendant therein. The evidence of the parties was over. The matter was being listed for the purpose of final hearing when an application stood filed under Order XVIII, Rule 17 of the Civil Procedure Code on behalf of the present petitioner in which it was averred that due to inadvertence the examination-in-chief of the applicant/defendant was misplaced during the course of evidence and could not be traced either in the Court file or in the file of the counsel of the applicant and therefore, as the statement of the applicant was essential, the application be allowed and permission be granted to record his statement in the Court as a witness. This application has been rejected by the learned Court below in terms of the impugned order by assigning the following reasons:- " 3. I have heard learned counsel for the parties and have gone through the records carefully.