DARSHAN SINGH Vs. VIJAY KUMAR

JUDGEMENT

(1.) The present revision petition is against the order dated 19th of September, 2013 passed by the learned Munsiff, Akhnoor in case titled Darshan Singh & ors. v. Vijay Kumar by virtue of which the right of the petitioners to adduce their evidence has been closed. The ground on which the order impugned is challenged is that the same is in violation of the principles of natural justice as no 'last or final opportunity' or 'opportunity in the interest of justice' had been provided to the petitioners by the court below. Additionally, the order impugned has been challenged on the ground that on the previous date of hearing i.e., 29th of August, 2013, none was present on behalf of the defendant and as such, the closing of right to lead evidence is against equity.

(2.) From a perusal of the order impugned dated 19th of September, 2013, it reflects that the plaintiffs' evidence was closed despite seven opportunities having been granted to them for leading evidence. The court below also recorded that no reasons were given for seeking yet another opportunity for leading evidence.

(3.) Heard learned counsel for the parties.