SHIV SHARAN SHARMA Vs. UMESH CHANDRA KASLIWAL

JUDGEMENT

(1.) THE non petitioner plaintiff instituted a suit for eviction on grounds of non payment of rent. It is also alleged that this was a case of second default. THE evidence of the petitioner was closed by the court below, namely Addl. Civil Judge No. 5 Jaipur. City on 6th March, 19 6. After this, he move an application u/s 151 Cr. P. C. that his affidavit may be accepted under O. 19 Rr. 1 and 2 C. P. C. and he was ready to be cross examined and the plaintiff may be given an opportunity to cross examine him. With this application, he also produced certain documents and alleged them to be the part of the record of the court and prayed that they may be treated as part of his affidavit and he examined as evidence in the case. This application was disallowed by the court below by his order dated 28th March, 1986.

(2.) THE present petition has been preferred against both the orders dated 6th March, 1986 and 6th March, 1986. It has been contended that the petitioner wants to examine himself alone and he could not appeal in the court on the dates fixed because he was out of station. It is also contended that the plaintiff in this case took over two years to complete his evidence and it is not fair to close the evidence of the defendant after only four months. It has been strenuously urged that the case of the petitioner will go undefended, if he is not allowed an opportunity to put his version of the case before the court.