GIAN CHAND Vs. PARSHOTAM LAL

JUDGEMENT

(1.) The learned trial Judge, made, an order on 11.6.2019, wherethrough, after his making an objective assessment, vis-a-vis, the necessity of the Local Commissioner concerned, being called, in person, for, hence enabling the defendant, to, on 5.8.2019, mete, suggestions to him, during, the course of his cross-examination, hence bearing concurrence, to, the objections, raised by the defendant, to his report, (i) he also, at the end of the order, and, for the afore purpose, ordered the taking, of, requisite steps, by, the defendant. However, on 5.8.2019, the learned trial Judge, summarily, made an order, (a) qua for want, of, steps being taken by the counsel for the defendant, even though, the, afore steps were omitted to be taken, only, at, the, apposite incipient/initial opportunity, (b) rather, proceeded, to, for want of any plausible reasons, being meted, hence order for closure evidence, of, the defendants' evidence. However, the afore reason is deprecated, as, upon the learned trial Judge concerned, coming to a conclusion, qua the necessity of the defendants' hence cross-examining, the Local Commissioner, (c) and, when hence, the, afore cross-examination, would facilitate, the, learned trial Judge concerned, to, after application, of, judicial mind, vis-a-vis, the report of the Local Commissioner, and, vis-a-vis, his cross-examination, qua, hence it being tenable or not, (d) and, also when thereafter, he would be facilitated, to, defermine, vis-a-vis, any encroachment, if any, being, made or not being made, upon, the suit khasra numbers, (e) thereupon in his making, the, impugned order he has, rather, visibly abandoned, and, has also foregone, the, afore apt necessity.

(2.) Consequently, the impugned order is quashed, and, set aside, and, the learned trial Judge concerned, is, directed, to, be cautious, in, future, in making summary orders, of, closure, of, the litigants' evidence, conspicuously, when only an apposite incipient/initial opportunity, is, granted, and, is unavailed, and, is also, directed to hereafter ensure, that, he shall bear in mind, the, entire conspectus of the lis, and, the necessity, of, adduction, of, the relevant evidence, and, its facilitations, to, him, for, his resting the entire gamut, of, the lis. He is further directed to ensure, that, all the orders are neatly typed or are in legible writing, and, they are not illegibly scribed, by, the ministerial staff, of, his Court.

(3.) In view of the above observations, the petition, is, disposed of. All pending applications, if any, also stand disposed of. The parties are directed to appear before the learned trial Court concerned, on, 25.9.2019.