LAWS(RAJ)-2003-7-59

SHYAM SUNDER Vs. RAMESH CHAND

Decided On July 30, 2003
SHYAM SUNDER Appellant
V/S
RAMESH CHAND Respondents

JUDGEMENT

(1.) THE plaintiff/petitioner had filed a civil suit in the Court of Civil Judge (Junior Division), Kota for fixation of standard rent under Section 6 (2) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 against the defendant/respondent No. 1 wherein the written statement of the defendant/respondent No. 1 was filed and issues were framed. THE trial Court determined `interim rent' which was to be paid during pendency of the suit and thereafter, the matter proceeded for trial and several opportunities were granted to the plaintiff/petitioner to adduce evidence which he failed to comply and consequently the order for closing evidence was passed with which the petitioner is aggrieved. According to the petitioner's advocate, only three opportunities were granted to lead evidence which was insufficient.

(2.) BE that as it may, this Court is not required to enter into the question as to how many opportunities could have been sufficient to lead evidence. The facts disclose that the plaintiff/petitioner had filed a revision before a learned Single Judge of this Court bearing SB Civil Revision Petition No. 540/2003 and this revision petition was dismissed by order dated 26. 5. 2003 wherein the learned Single Judge has held that the revision petition was directed against an interlocutory order of the Courts below and the reversal thereof will not result in final disposal of the suit so as to entertain the revision against the same.