JAGAR NATH Vs. SHAMBHU

JUDGEMENT

(1.) This is a defendants' revision petition against an order dated Aug. 23, 1975, made by the learned Senior Subordinate Judge, Hamirpur closing the defendants' evidence in the suit.

(2.) A suit for possession through preemption was filed by the respondent against the petitioners. On Aug. 23, 1975, the learned Senior Subordinate Judge made an order that as no witness has been summoned through the court and as the petitioners themselves had not brought the witnesses with them no adjournment could be granted. It appears that a statement was made by learned counsel for the petitioners that the wit- nesses could not be brought because the petitioners were ill. The learned Senior Subordinate Judge, however, observed that the suit had been lingering on for more than six months and three adjournments had already been granted, and therefore in the circumstances no further adjournment was called for. Accordingly, he made the impugned order.

(3.) A perusal of the order sheet shows, no doubt, that the petitioners had not applied themselves to contesting the suit with the diligence which the law expects of a party. Adjournments were taken from time to time for various reasons, for filing the written statement and subsequently for producing evidence. On Aug. 3, 1975 when the case had been fixed for the third time for producing evidence a statement was made by petitioners' counsel that because of the petitioners' illness the witnesses could not be brought to court. It does not appear that any written application verified by affidavit was made in support of this submission. The learned Senior Subordinate Judge was justified in rejecting the ground taken in support of the application for adjournment.