Ram Chand Gupta, J. - (1.) THE present revision petition has been filed under Article 227 of the Constitution of India read with Section 151 of Code of Civil Procedure for quashing orders dated 16.05.2009, Annexure P3, 20.05.2010, Annexure P5 and 30.07.2010, Annexure P6 passed by learned Additional Civil Judge (Senior Division), Dasuya and for granting one effective opportunity to Petitioner -Defendant to complete his entire evidence i.e. cross -examination of D.W.2 and for proving the compromise mentioned in the written statement of Petitioner -Defendant.
(2.) I have heard learned Counsel for the parties and have gone through the whole record including the impugned order passed by learned trial Court. Facts relevant for the decision of the present revision petition are that, a suit was filed by Respondent -Plaintiff for possession by way of partition by metes and bounds to the extent of his share in the property in dispute against his brother i.e. father of present Petitioner. Suit was contested by father of present Petitioner on the ground that there was some compromise between them effected due to intervention of the police. Issues were framed. Evidence of Plaintiff was closed. Part evidence of Petitioner -Defendant was recorded when Defendant expired and the present Petitioner was impleaded as LR of his deceased father.
(3.) IT has been contended by learned Counsel for the Petitioner that evidence could not be concluded by Petitioner -Defendant as his father was seriously ill and thereafter he expired and that though he availed two opportunities after death of his father and however, evidence could not be concluded. It is further contended by learned Counsel for the Petitioner that statement of D.W.2 Naresh Kumar has already been recorded and however, he is only remains to be cross -examined by counsel for Plaintiff. He has further contended that he has also filed application under Section 65 of the Indian Evidence Act for producing secondary evidence of alleged compromise entered between the parties and however, the said application has not been decided on merit by learned trial Court and rather the same has also been dismissed on the ground that same was filed at a belated stage.;