SHYAM LAL Vs. KHANDU RAM

JUDGEMENT

(1.) This revision has been filed against the order dated 19-3-2002 rejecting the application of the petitioner under O. 18, R. 17-A of the Code of Civil Procedure, 1908 (for short, "the Code").

(2.) Petitioner had filed an application under the said provisions to permit him to examine the witnesses who could prove the signatures of attesting witnesses on the document. The same has been rejected by the learned trial Court on the ground that there was no occasion for the Court to allow the same as the petitioner had not been diligent in prosecution of his case.

(3.) Admittedly, the suit was filed in 1976; issues were framed on 29-10-77; recording of statment of plaintiff's witnesses started in 1980 but no evidence was led, however as he failed to examine the witnesses, the last opportunity was given to him vide order dated 17-8-2001. Vide order dated 10-12-2001, the evidence of the petitioner/plaintiff was closed on his own statement that he did not want to examine any other witness. On 20-2-2002, he filed the application under O. 18, R. 17-A of the Code to the effect that as the writer of the mortgage-deed had expired and the attesting witnesses were also not available, he was in search of some persons who could verify the signatures of the attesting witnesses. Admittedly, the period of twenty-six years has elapsed since the date of filing of the suit.