SANWAT SINGH Vs. ABHEY SINGH

JUDGEMENT

(1.) THIS is a revision application by one of the defendants against a decree of the Additional Munsiff, Jodhpur, in a suit under sec. 9 Specific Relief Act which was decreed against him.

(2.) THE facts giving rise to this revision application are these: Issues were framed in the suit on 21. 12. 1962. THE plaintiffs closed their evidence on 30. 1. 1963. THEn 4. 3. 63 was fixed for the evidence of the defendants. THEy filed their list of witnesses and applied for issuing summonses for them on 14. 2. 1963. THE court ordered that the summonses be issued for the witnesses. THE office however forgot to issue the summonses. THE case was consequently adjourned to 4. 4. 1963. On that date all the witnesses of the defendants were in attendance. But the trial court refused to examine them on an objection by the plaintiffs that they could not be examined as a list containing their names was not filed within 30 days of the framing of the issue as provided under 0. 16, r. l (l) Civil Procedure Code and no order of the court for examining them had been obtained under Rule l (ii ). THE suit was accordingly decided without examining the witnesses of the defendants. THE contention on behalf of the applicant is that the burden of proving issue No. 1 lay on the plaintiffs and the witnesses which had been summoned by the defendants were only to be examined in rebuttal and that the proviso to R. l (ii) was applicable and they could file their list of witnesses not later than 15 days from the date of closure of the evidence of the plaintiffs.