PARKASH CHAND Vs. AVTAR SINGH

JUDGEMENT

(1.) The present petition, under Article 227 of the Constitution of India, is maintained by the petitioner, who was the counter claimant before the learned Court below (hereinafter to be called as "counter claimant") , against the order dated 17.12.2016, passed by learned Civil Judge (Jr. Div.) , Court No. 2, Ghumarwin, District Bilaspur, H.P., in Civil Suit No. 508-1 of 16/9, whereby learned Court below closed the evidence of the counter claimant and the learned Court below has disallowed the prayer to take into consideration the evidence already led in Civil Suit No. 582/1/11/03 by counter claimant.

(2.) Briefly stating facts giving rise to the present petition are that the non-counter claimant had filed a suit for grant of permanent prohibitory injunction against the counter claimant, which was dismissed in default for non prosecution on 19.12009, however the counter claim was proceeded as per law. Though, the counter claimant prayed before the learned Court below that the evidence, which they have already led in the Civil Suit No. 582/1/11/03, in which the counter claim was filed (however the suit was dismissed, vide order dated 19.12009) may be treated as evidence on behalf of the counter claimant, however learned Court below vide impugned order, declined the submission of the counter claimant and closed his evidence and fixed the case for the evidence of the non-counter claimant. Hence the present petition.

(3.) I have heard the learned counsel for the parties and have gone through the record available with this Court in detail.