- (1.) Challenge in this revision petition by the defendant is the order dated 20.1.2011 passed by Sh. Rakesh Kumar, PCS, Additional Civil Judge (Senior Division), Dasuya, vide which one opportunity was granted to the plaintiff-bank to conclude the evidence at own responsibility.
(2.) State Bank of Patiala, plaintiff, now respondent, filed suit for recovery of Rs. 5,95,451/- against Didar Singh defendant/revisionist and one Jaspal Singh, as a mortgage suit.
(3.) During the pendency of the suit, bank filed an application under Section 151 CPC for allowing the plaintiff to lead additional evidence and for examining and allowing the plaintiff to prove the documents of loan already placed on the file and also for completing the cross examination of Kulbir Singh, Assistant Manager, State Bank of Patiala, Johar. It is pleaded that loan was advanced to the defendants who executed documents in favour of the plaintiff for obtaining the loan and that documents have been placed on the file. The defendants filed written statement and thereafter efforts for compromise were made but could not succeed. Plaintiff examined Kulbir Singh and tendered his affidavit and the case was adjourned to 9.9.2009 for his cross examination. On 28.5.2010, plaintiff also examined two witnesses and the remaining evidence of the plaintiff was closed by order and plaintiff was not given sufficient opportunity. Plaintiff wants to prove the documents which are already on the file.;