PRIYA RANJAN BHAGAT Vs. SARDAR GURU CHARAN SINGH

JUDGEMENT

(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.