MAGAN LAL Vs. CHABI LAL

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) This petition is directed against the impugned order dated 3rd Feb. 1995, passed by learned trial Judge, by which he closed the evidence of the defendants, on the ground that the defendant failed to keep his witnesses present and he himself is not ready to give evidence and he wants time in the ground that his Advocate has gone out. By that order, the case was fixed for hearing the arguments of learned counsel for the parties on 10-2-1995. On 10-2-1995, an application was moved by learned counsel for the defendant before the trial court praying for some time to enable him to approach the High Court for obtaining appropriate order against the order passed by the learned trial Judge on 3rd Feb. 1995. Time was granted by the learned trial Judge up to 4-3-1995 and it is stated at the Bar by learned counsel for the petitioner that now the matter is kept on 25th March, 1995 for hearing the arguments of learned counsel for the parties.

(3.) Having perused the order sheets of the trial court, it appears that the evidence of the plaintiff side was closed on 29th July, 1994 and the case was posted on 25th Nov. 1994 for recording the defendant's evidence. On that day, learned counsel for the defendant was present and he prayed for time to keep the witnesses present on the next date, which was granted and it was kept on 13th January, 1995. On l3th Jan. 1995, it was again kept for 3-2-1995 for keeping the defendant's witnesses present. Again, on 3-2-1995, the defendant failed to keep the witnesses present. Though the defendant was present, he refused to give evidence in the absence on his Advocate, as his Advocate had gone out. Under these circumstances, the learned trial Judge closed the evidence of the defendant by his order dated 3-2-1995. That order is under challenge in this revision application.