JUDGEMENT
-
(1.) ERIAL , which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record, is that initially, petitioner -plaintiff Churia Ram son of Chhellu Ram(for brevity "the plaintiff"), has instituted the civil suit for recovery of an amount of Rs. 45,000/ - on the basis of pronote, against respondentdefendant Ram Chander son of Krishan Lal (for short "the defendant"). The defendant contested the suit, filed the written statement, stoutly denied the allegations contained in it and prayed for dismissal of the suit.
(2.) HAVING completed all the codal formalities, ultimately, the case was slated for rebuttal evidence and arguments by the trial Court. During the pendency of the suit, the petitioner -plaintiff moved an application(Annexure P -3) to lead additional evidence to produce a handwriting expert. Taking into consideration, the entire material on record, the trial Court dismissed his application, vide impugned order dated 17.12.2013 (Annexure P -5).
(3.) AGGRIEVED thereby, the petitioner -plaintiff has preferred the present revision petition, invoking the provisions of Article 227 of the Constitution of India.
At the very outset, in exercise of power conferred under Article 227 of the Constitution of India, I hereby exempt the issuance of notice to the respondent -defendant, in order to save him from the expenditure of counsel fees, litigation expenses in this Court and the delay in disposal of the suit, particularly when he can well be compensated with adequate costs in this context. Be that as it may, however, in case, the defendant is aggrieved by the order, in any manner, he would be at liberty to file a petition to recall this order without accepting the costs.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.