Prem Bai vs Maman and Others

Ajay Kumar Mittal, J.

Zimini orders produced in Court today in terms of Order dated 17.2.2005 are taken on record.

This is a revision petition under Article 227 of the Constitution of India read with Section 151 of the CPC for setting aside order dated 20.10.2004 whereby the evidence of the plaintiff was closed by the learned trial Court.

Learned counsel for the plaintiff-petitioner submits that only three witnesses, namely, Record Keeper of the Civil Court, Ajit Singh, Advocate and Handwriting Expert are required to be examined by the petitioner. He further submits that on 20.10.2004, two witnesses of the plaintiff were examined and the plaintiff could not examine the aforesaid three witnesses due to unavoidable circumstances. He prayed that in the interest of justice, one opportunity be granted to examine all the witnesses subject to payment of costs. He further states that the case is now fixed for evidence of defendant No. 2 and no evidence of the defendant has so far been recorded.

I have heard the learned counsel for the petitioner.

Ordinarily, I would have issued notice to the respondents but that would entail unnecessary expenses to the respondents.

After hearing the learned counsel for the petitioner and keeping in view the facts and circumstances of the case, order dated 20.10.2004 is set aside and in the interest of justice, one opportunity is granted to the plaintiff-petitioner to examine Record Keeper of the Civil Court, Ajit Singh, Advocate and Handwriting Expert on the next date of hearing, subject to payment of Rs. 2,000/- as costs. However, it is made clear that in case the plaintiff-petitioner fails to examine the aforesaid three witnesses on the next date of hearing, no further opportunity shall be granted. Accordingly, the revision petition is disposed of.