RAVI DUTT Vs. JOGA SINGH

JUDGEMENT

(1.) This petition is directed against the order dated 1.2.2014, rendered by the learned Civil Judge (Sr. Divn.), Nalagarh, H.P. in case No. 56/1/2011.

(2.) "Key facts" necessary for the adjudication of this petition are that petitioner-plaintiff (hereinafter referred to as the plaintiff) has instituted a suit for specific performance of agreement to sale dated 31.7.2007, whereby the respondent-defendant (hereinafter referred to as the defendant) has agreed to sell the land measuring 0-10 biswas along with the structure standing thereon.

(3.) The written statement was filed by the defendant. The issues were framed by the learned trial Court on 25.9.2012. The matter was ordered to be listed for evidence of the plaintiff for 13.12.2012. Since no steps were taken by the counsel for the plaintiff, the matter was adjourned for 29.1.2013. Thereafter, again the counsel for the plaintiff failed to take steps and the matter was adjourned for 14.5.2013. The matter was again taken up on 22.10.2013 and listed for plaintiff's evidence on 24.12.2013. The plaintiff was directed to take steps within 5 days, failing which, the evidence was to be produced at self responsibility. On 24.12.2013, one PW Preet Mohinder Singh was examined the summons issued to the other witnesses were received unserved. They were directed to be served through dasti process for 1.2.2014 on taking necessary steps within three days, filing which, the evidence of the plaintiff was deemed to have been closed.