- (1.) HEARD the parties. This revision application is directed against the order dated 5.9.2002 passed by Sub -Judge III, Ranchi in Title (Eviction) Suit No. 2 of 2001, whereby he has allowed the application filed by the defendants opposite parties for examining one witness after the closure of the evidence.
(2.) IT appears that issues were framed in the suit and the plaintiffs closed his evidence on 27.9.2001 and the case was fixed on 1.10.2001 for examination of defendants' witnesses. The defendants took adjournment on 10.2001, 17.10.2001, 27.11.2001, 5.12.2001, 1.2.2002, 8.2.2002, 1.3.2002, 2.3.2002 and 13.3.2002 for the purpose of examination of witnesses. It is only on 13.3.2002 a list of 19 witnesses was filed by the defendants. Thereafter, the defendants examined some of the witnesses after taking several adjournment and on 11.4.2002 further adjournment was sought for but the Court refused the prayer and closed the evidence on 26.4.2002. However, at the request of the defendants to adduce evidence on day -to -day basis, order was recalled on 11.4.2002 and thereafter some witnesses were examined by the defendants and again evidence was closed by the court on 3.5.2002. Defendants moved this Court by filing C.R. No. 174/2002. This Court disposed of the Civil Revision No. 4.7.2002 with specific direction to the defendants to produce witnesses on the date fixed in the suit and conclude the evidence within three weeks thereafter on day -to -day basis. The defendants thereafter examined some witnesses and closed the evidence on 13.8.2002 and the suit was fixed for argument. Instead of advancing argument the defendants again filed petition for examining one more witness namely, the Branch Manager, Indian Overseas Bank, Radhey Shyam Gali, Ranchi. The court below allowed the prayer and the Branch Manager was examined and the evidence was closed and again suit was fixed for argument. The defendants thereafter again filed another application praying for examining Branch Manager, Indian Overseas Bank Bariyatu as a witness. The said prayer has been allowed by the Court below which is the subject matter of this revision application. From perusal of the impugned order, it appears that although the court took notice of the dilatory tactics adopted by the defendants in lingering the suit but allowed the prayer holding that evidence is necessary for the determination of question in controversy. Perhaps the court below has not correctly appreciated the procedure provided .under the Code of Civil Procedure. Admittedly, after framing of the issues the defendants failed to file list of witnesses to be examined. It is only after closure of plaintiff's evidence, the defendants filed list of 19 witnesses. 4. Curiously enough, the name 'of the Branch Manager Indian Overseas Bank of Ranchi of Bariyatu Branch were not mentioned in the said list. Inspite of that the Court allowed the prayer for examining the Branch Manager of Indian Overseas Bank, Ranchi Branch and the evidence was closed third time and the suit was fixed for argument. In such circumstances, the court below ought not to have allowed the prayer of the defendants for summoning another witness. Merely because some evidence is necessary for the determination of the dispute in the suit the court is not empowered to ignore the procedure provided with the Code and allowed the party to lead such evidence at any time. 5. Be that as it may from the impugned order it appears that the defendants was directed to examine the witnesses on 13.9.2002, but till date the said witness has not yet been examined. Taking into consideration all these facts and also the direction given by this Court in the earlier civil revision no. 174/2002, I am of the opinion that the court below has exceeded in exercise of the jurisdiction by passing the impugned order. 6. For the aforesaid reasons, this revision application is allowed and the impugned order is set aside. The court below is directed to give one opportunity to each of the parties for argument and dispose of the suit within a period of two months from the date of receipt of copy of this order.;