MOHAN LAL Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner has implored to quash and set-aside the order dated 19th August, 2008, whereby the Additional District Judge, Jhalawar set-aside the order dated 11th February, 2004 passed by the learned Civil Judge (Jr. Division) Chomhala, whereby he had reviewed its own order dated 11th November, 2003.

(2.) HAVING heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned orders it is revealed that one civil suit for permanent injunction came to be filed by the plaintiff-petitioner against the respondent no.2 ? defendant, wherein he had prayed to restrain the defendant to raise any construction on the land in question. It is further revealed that on 1st September, 2003, PW-4 Johari Lal, PW-5 Bagdu and PW-6 Gordhan were examined . Thereafter on 11th November, 2003, the petitioner-plaintiff prayed to grant one more opportunity to further produce the witnesses in evidence, but the learned trial court dismissed the prayer and closed the evidence. Thereafter when the fact of in-complete statement of witnesses namely PW-1 Mohan Lal and PW-3 Ratan Lal came to the notice of the court, the learned trial court reviewed its own order dated 11th November, 2003 and vide order dated 11th February, 2004 granted an opportunity for the cross-examination of the said witnesses as to cost of Rs. 300/-. The order dated 11th February, 2004 was impugned by the respondent-defendant in the court of Additional District Judge, Jhalawar where the appeal was allowed and the impugned order dated 11th February, 2004 passed by the learned trial court was set-aside. Aggrieved with this order of the Additional District Judge, Jhalawar, the petitioner-plaintiff has invoked the extraordinary jurisdiction of High Court under Article 227 of the Constitution.