Sabina, J. - (1.) PLAINTIFF had filed a suit for recovery placing reliance on pronote and receipt. Vide the impugned order dated 29.1.2011, the evidence of the Defendant has been closed. Hence the present petition.
(2.) LEARNED Counsel for the Petitioner has submitted that on 29.1.2011, the cross examination of DWV.B. Bhatnagar was concluded. The Petitioner also tendered his affidavit. However, the same was not accepted in evidence by the trial court. Vide order dated 6.7.2010 in Civil Revision No. 3537 of 2009, this Court had given the following directions: In view of the said facts, the order passed by the learned court is set -aside. While allowing this Revision Petition and permitting the Defendant -Petitioner to amend the written statement, the Petitioner is directed to lead his entire evidence in two opportunities. The Defendant -Petitioner shall file his affidavit in evidence within one week of the Plaintiff closing his evidence. Thereafter, the court shall gave two opportunities to the Defendant -Petitioner within two months on which dates the Defendant -Petitioner shall be bound to conclude his entire evidence. In that event if he fails to tender his evidence after the closing of the evidence of the Plaintiff and fails to conclude his evidence in two opportunities, the evidence of the Defendant shall be deemed closed.
(3.) ON 11.11.2010, replication to the amended written statement was filed. Learned Counsel for the Plaintiff made the statement that the Plaintiff did not want to lead any further evidence and the case was adjourned for Defendant evidence. On the adjourned date i.e. 14.12.2010, DW V.B. Bhatnagar was present and tendered his affidavit. Cross examination of the said witness was deferred at the request of the counsel for the Plaintiff. On 14.1.2011, the witness was present but his cross examination was deferred at the request of the counsel for the Defendant. On 29.1.2011, the cross examination of DW -V.B. Bhatnagar was concluded. Counsel for Defendant placed on record affidavit of Bahadur Singh as a witness.;