LAWS(J&K)-2023-10-35

CHAKERVARTI RAVAN Vs. ASHOK KUMAR

Decided On October 13, 2023
Chakervarti Ravan Appellant
V/S
ASHOK KUMAR Respondents

JUDGEMENT

(1.) Through the medium of the present writ petition, the petitioner has challenged order dtd. 14/2/2017 passed by the learned Sub-Judge (CJM), Kathua, whereby the petitioner/plaintiff's right to lead the evidence, has been closed.

(2.) Heard and considered.

(3.) It appears that the petitioner had filed a suit before the court below seeking possession of the plot measuring 3 Marla along with constructions thereon comprising Khasra No. 109/83/11 situated at Chak Phoola Tehsil and District Kathua. It also appears that after framing of the issues, the plaintiff/petitioner was directed to lead evidence in support of his case and according to the plaintiff/petitioner, in terms of the directions of the court, the affidavits by way of evidence of the witnesses sought to be produced by the plaintiff, were filed before the court. It has been submitted that the plaintiff also deposited the diet expenses of the witnesses but inspite of this, the learned trial court without issuing the summons to the witnesses in respect of whom, the plaintiff has deposited the diet expenses, proceeded to close his evidence.