VINOD K.SHARMA,J - (1.) THIS revision has been filed against the order passed by the learned Civil Judge (Junior Division), Nabha vide which application moved by the petitioner under Section 151 of the Code of Civil Procedure (for short the Code) has been ordered to be dismissed.
(2.) PLAINTIFF -respondent has filed a suit for recovery against the petitioner as guarantor and her son as principal debtor for recovery of an agreed amount for the breach of terms of the contract entered into between the parties i.e. employer and the employee. In the said suit the plaintiff moved an application under Order 10 Rule 1 and Order 12 Rule 2 of the Code for admission and denial of the documents. Reply to the said application was filed by the petitioner on 9.6.1999 and in para No. 2 of the preliminary objections the petitioner averred as under under :- "2. That it is the matter of record that defendant No. 1 was proceeded against ex parte and the case is being only contested by defendant No. 2. The defendant No. 2 has already in her written statement clearly narrated the details how and in which manner the documents were prepared. The defendant No. 2 put her signatures on the documents as prescribed by the plaintiff Co. in the form of terms and conditions The defendant No. 2 had never taken any oath before the office of Executive Magistrate, Nabha on the alleged dates. As such, needless to add that the execution of the documents is the result of coercion and undue influence."
(3.) AS the son of the petitioner was proceeded against ex parte, the application moved by the plaintiff for admission and denial of documents was disposed of on 24.7.1999 by observing as under :- "2. Defendant No. 2 has submitted the reply to the application wherein defendant No. 2 has admitted the execution and her signatures on the documents. As far as the question of application qua defendant No. 1 is concerned. Defendant No. 1 has already been proceeded against ex parte. So, as such when defendant No. 2 has admitted the execution of the documents and defendant No. 1 is not before the court, the only recourse left open is for the plaintiff to prove its case by leading of his evidence. So the application is accordingly disposed off and case is fixed for evidence of the plaintiff." ;