- (1.) In this revision petition filed under Article 227 of the Constitution of India, legal representatives of original plaintiff Chameli, since deceased, have assailed order dated 20.07.2012 Annexure P-9 passed by learned Civil Judge (Junior Division), Bhiwani.
(2.) Brief history leading to the filing of the revision petition is that earlier evidence of the plaintiff was closed by the trial Court vide order dated 21.11.2011. In CR No.791 of 2012 filed by the petitioners to assail the said order, this Court vide order dated 08.02.2012 Annexure P-2 directed the trial Court to grant only one more effective opportunity to the petitioners for their evidence at own responsibility, subject to payment of Rs. 5,000/- as costs precedent. Pursuant thereto, case was fixed for 07.05.2012 for evidence of the petitioners. Trial Court vide first order dated 07.05.2012 Annexure P-5 appointed Mr. P. S. Ola, Advocate as Commissioner to record statements of witnesses of the petitioners. Accordingly the Commissioner recorded statements of two witnesses of the petitioners namely Rajpal Singh and Vinod.
(3.) Learned trial Court in second order dated 07.05.2012 observed that no other PW was present and adjourned the case to 25.02.2012 for evidence of defendants at own responsibility. Petitioners moved application Annexure P-6 alleging that petitioners' third witness Narain Singh (petitioner No.1) was also present on 07.05.2012 and was ready with his sworn affidavit Annexure P-10 as examination-in-chief but it was already 2.30pm whereas Court time was up to 2pm only and therefore, statement of Narain Singh could not be recorded by the Commissioner on 07.05.2012 and even the Presiding Officer had left the Court. In these circumstances, petitioners prayed in application Annexure P-6 that examination of Narain Singh petitioner No.1 as witness be allowed.;