- (1.) Challenge in the present revision petition is to the order dated 14.05.2014 (Annexure P-4) whereby, the Civil Judge (Jr. Divn.), Ludhiana has allowed the application of the plaintiff-respondent no. 1 and granted two opportunities to complete the evidence after imposing costs of Rs. 500/-. Challenge has also been made to the subsequent order whereby, the petitioner-defendant no. 2 had filed an application for review of the said order on the ground that the said opportunities were wrongly granted, which was dismissed on 19.09.2014 (Annexure P-6).
(2.) Counsel for the petitioner has vehemently submitted that the evidence of the plaintiff was closed vide order dated 06.12.2013 (Annexure P-1) and in such circumstances, by allowing the application, the Trial Court has erred as it has recalled the order dated 06.12.2013. It is further submitted that the review has also wrongly been dismissed.
(3.) A perusal of the paper book would go on to show that the dispute is inter se the legal heirs of Iqbal Singh Rana who died on 30.01.2010. Defendants no. 1 and 2 being the widow and one son have set up a Will dated 28.01.2002 and the property involved is substantial as it pertains to 3 houses at Ludhiana, 5 acres of land in village Lalru, Tehsil Derabassi and agricultural land measuring 23 acres in village Tofapur, Tehsil Derabassi. In the proceedings for grant of injunction, the Appellate Court had directed on 14.02.2012 that only 3 opportunities will be granted to the plaintiffs. In such circumstances, in spite of the fact that the Patwari was present and was being examined as PW-8 but had not brought the record, the Trial Court closed the evidence on 06.12.2013 by passing the following order:- "PW 8 (Patwari) is present but has again requested for an adjournment that he has not brought the record. Not further adjournment is justified in the spirit of the order dated 14.2.2012 of the Ld Appellate Court. The entire evidence of the plaintiff stands closed by order. Previous order is rectified for to this effect. Now to come up on 22.1.14 for DW's/further proceedings.;