NEGI RAM Vs. BHAJAN DASS

JUDGEMENT

(1.) THIS Revision petition has been filed by the petitioners who were defendants before the learned Trial Court against the order of the learned Civil Judge (Jr. Division), Court No. II, Rohru, District Shimla, in CMA No. 76/6 of 2006, dismissing the application of the defendants praying for permission to examine Shri Surat Singh Ex- petition writer as a witness on their behalf.

(2.) WITHOUT entering into the controversy of the merits of the main case urged before the learned Trial Court, facts necessary for determination of this revision petition are that the petitioners filed an application for summoning Shri Surat Singh as a witness. It was alleged that when the counsel for the applicants-defendants was preparing the brief for arguments, it transpired that the statement of Tehsildar/ Sub Registrar Chirgaon and Kesar Singh Thakur, Pradhan Gram Panchayat Chirgaon who were the marginal witnesses to the will, could not be recorded as both of them had died and that in these circumstances, the statement of the scribe of the will Shri Surat Singh was required. Instructions on this behalf could not be imparted to the counsel as the applicants are rustic village folk and not conversant with the intricacies of the law. The averment made in the application are:-

(3.) LEARNED Trial Court while dealing with the matter held that the case has been fixed for final arguments and in case application is allowed it would tantamount to reopening the case, the application was, therefore, dismissed. Notice of this revision was issued to the respondents who have been proceeded ex parte on 12.7.2007 as nobody appeared on their behalf.