RAGHUVIR SINGH Vs. GOVIND LAL

JUDGEMENT

(1.) THIS is a revision against the order of learned Additional Civil Judge (JD) No. 3 , Bikaner, dated 21. 5. 1999 by which he closed the evidence of the defendant as well as rejected application u/o. 13 R. 10, CPC.

(2.) SHRI N. P. Gupta appeared on behalf of the respondents on caveat. The petitions has been heard finally at the stage of admission.

(3.) LOOKING to all the facts and circumstances of this case I allow this revision, set aside the order closing evidence of defendant on payment of Rs. 2,500/-as costs payable on 26. 7. 1999 before the trial Court and direct that the parties shall appear before the trial court on 26. 7. 1999. On that date the trial Court shall fix a date for taking evidence of the defendant and his witnesses on the date to be fixed by the trial Court. No further adjournment shall be given in the case and if the witnesses are not kept present on that day and or if the defendant does not remain present on that day, the evidence will be closed. If evidence is not completed in one day, the case be kept continuously on every subsequent day till the evidence is over. The trial Court is further directed to summon the record wherein the original documents i. e. plainti and written statement of which certified copies have been filed is available. That record should be summoned by the trial Court to be produ-ced on the date when the defendant's evidence shall be recorded. A copy of this order shall be sent to the trial Court immediately. .