SHAH MONAUWAR EQUBAL Vs. SHAH ABU NAZIR

JUDGEMENT

(1.) THE present petition has been preferred under Article 227 of the Constitution of India against an order passed by Sub -Judge -VII, Deoghar, whereby an order has been passed by trial court compelling the present petitioner, who is the original defendant No. 6, to adduce his evidence immediately after the evidence of the plaintiff is over. This order has been passed on 28th of April, 2009, in Title Suit No. 77 of 1993, which is at Annexure -2. The said order has been challenged mainly on the ground that the petitioner should not have been compelled to adduce his evidence unless the contesting respondents adduce their evidence. This aspect of the matter has not been properly appreciated by the trial court and hence, the impugned order at Annexure -2, dated 28th of April, 2009, passed in Title Suit No. 77 of 1993, deserves to be quashed and set aside.

(2.) ALTERNATIVELY , it is submitted by learned counsel for the petitioner that by now during the pendency of this writ petition the stage to take evidence by the present petitioner (original defendant No. 6). has also been closed down on 30th of June, 2009 and, therefore, at least the stage of taking evidence by the present petitioner be opened and the petitioner will not ask for adjournment and will complete their evidence within a period of two or three days.

(3.) HAVING heard learned counsel for both sides and looking to the facts and circumstances of the case, it appears that: ''