AWADH KISHORE SINGH Vs. BRIJ BIHARI SINGH

JUDGEMENT

(1.) This revision application is directed against the impugned order by which the plaintiffs have been debarred from examining defendant No. 2 Brijbihari Prasad Singh as a witness on their behalf on the sole ground that no order was passed for acceptance of the written statement filed by defendant No. 2.

(2.) The short facts for disposal of this civil revision application are that the plaintiffs filed a suit for partition against the defendants in which defendants 1 to 5 filed written statement contesting the claim for partition. Defendant No. 2 entered appearance in the suit on 14-8-1984 and filed written statement but the petition for acceptance of his written statement was not moved at any point of time and, consequently, no order could be passed thereupon. In the suit, pursuant to the direction of this Court, the contesting defendants led evidence first. Thereafter, the plaintiffs started examining their witnesses and on 13-12-1989 they wanted to examine defendant No. 2 as P.W. 18 on their behalf and when his examination-in-chief was going on, at objection was raised on behalf of the contesting defendants that this witness cannot be allowed to be examined on behalf of the plaintiffs in view of the fact that no order was passed accepting the written statement filed on behalf of this defendant. The said objection has been upheld by trial court under the impugned order and the plaintiffs have been disallowed to examine defendant No. 2 as witness on their behalf. Hence the plaintiffs have moved this Court by filing the present revision application.

(3.) This revision application was placed for hearing before a learned Single Judge of this Court who by order dated 24-6-1991 directed that the case be placed for hearing before a Division Beach and accordingly, this application has been placed before us.