Baldev Singh vs Surinder Singh

R.L. Anand, J

Costs of Rs. 2,000/- awarded vide order dated 17.10.2000 paid to the counsel for respondents 3 and 6 today in Court.

Present appeal has been directed against the judgment and decree dated 23.1.1995, passed by the Sub Judge 1st Class, Ludhiana, who dismissed the suit of the appellants by order. The civil suit was instituted in the year 1990. The issues were framed on 21.9.1993. The plaintiffs could not bring the evidence in order to discharge the onus of the issues as a result of that, the evidence of the plaintiffs was closed by order Since, the plaintiffs could not lead any evidence to substantiate their plea, the suit was dismissed vide the impugned judgment and decree dated 23.1.1995. The plaintiffs filed the appeal.

It is true that the suit was instituted in the year 1990 and the issues were framed in the year 1993. About 15 months were afforded to the plaintiffs to lead the evidence but they did not bring the evidence. After hearing the counsel for the parties, I am of opinion that the ends of justice require that the impugned judgment and decree of the trial Court should be set aside and the plaintiffs should be given atleast two effective opportunities to lead their entire evidence. The list of the parties shall be fail on account of harsh orders.

Resultantly, the impugned judgment and decree is hereby set aside, subject to payment of Rs. 3,000/- as costs, and directions are given to the trial Court to restore the suit and give two effective opportunities to the plaintiffs to lead their entire evidence within a span of four months. If still the evidence is not led by the plaintiffs, it will again be open to the trial Court to close the evidence of the plaintiffs by order.

Parties, through their counsel, are directed to appeal before the trial Court, on 18.12.2000.

The Court fee filed by the plaintiffs in the present appeal shall be refunded to them.

Order accordingly.