JAI KRISHAN BASOTRA Vs. SANTOSH GUPTA

JUDGEMENT

(1.) THIS Civil Revision is directed against the order of Sub-Registrar, Jammu dated 29th of May 2004 in a civil suit No. 41 of 2001 pending disposal before the said Court. By means of the impugned order, the Court has rejected an application filed by the petitioner - defendant for permission to file list of witnesses and to summon them for their examination as witnesses.

(2.) ISSUES in the case were framed on 6-6-2002. Evidence of the plaintiff was closed on 16-2-2004 and when the petitioner - defendant was called upon to produce evidence it was found that no list of witnesses has been filed on behalf of the defendant. The petitioner - defendant, therefore, applied to the Court for permission to file list of witnesses and for depositing their expenses. The plaintiffs objection to it on the ground that the list of witnesses was required to be filed within fifteen days from the date of framing of issues, since the defendant did not file the list within this period he cannot be allowed to do so after the expiry of the said period. The Court relying on Mehta Yog Raj's case 1997 KLJ 50 : 1996 AIHC 5535 dismissed the application.

(3.) DURING the pendency of the civil revision, this Court vide its order dated 7th of March 2006 permitted the petitioner - defendant to file the list of witnesses and examine his witnesses. Thus the grievance of the petitioner - defendant got redressed, the case, however, was kept on Board only for an authoritative pronouncement on the legal issue raised by Hon'ble the Chief Justice. C. REV. No. 176/2005