KALYAN MAL Vs. JAMNA RAM AND ORS.

JUDGEMENT

(1.) ADMIT .

(2.) AT the request of the Learned Counsel for both the parties, the final arguments in the case were heard.

(3.) THE Learned Counsel for the petitioner contended that on 25th April, 2008 two witnesses were examined on his behalf and he wanted to examine some more witnesses and for that purpose he moved an application in writing also that his other witnesses could not appear due to their illness, therefore, some reasonable time may be granted to examine them. The trial court committed an illegality in rejecting the application and closing the evidence, therefore, impugned order be set aside and he may be given one last chance to examine his witnesses. It is also contended that so far as delay of proceedings is concerned, the plaintiff can be compensated by way of awarding cost.