- (1.) This is second appeal by plaintiff Dr. Balbir Singh having lost in both the courts below.
(2.) I need not go into merits of the case in view of the order I propose to pass after having heard counsel for the parties and having perused the records including records of the courts below.
(3.) Perusal of file of the trial court reveals that issues in the case were framed on 23.7.2005 and the case was adjourned to 5.9.2005 for evidence of plaintiff. On 5.9.2005, no witness of the plaintiff was present. Instead of leading evidence, the plaintiff moved application for temporary injunction on 5.9.2005. The said application was dismissed by the trial court vide order dated 15.12.2005 and the case was adjourned to 13.2.2006 for evidence of the plaintiff. However, it happened to be holiday on 13.2.2006 and the case was taken up on 14.2.2006 and adjourned to 30.3.2006 for evidence of the plaintiff. No evidence of the plaintiff was present on the said date and the case was adjourned to 4.5.2006. On 4.5.2006, the plaintiff himself appeared in the witness box and tendered his affidavit of examination-in-chief and his cross-examination was deferred.;