Basant Singh vs Gurbachan Singh

Sat Pal, J.—CM 9C of 1998 Heard. In view of the facts stated in the application, the application is allowed and delay of 83 days in refiling the appeal is condoned.

RSA 3 of 1998 This appeal has been directed against the judgment dated 12.3.1996 passed by Additional District Judge, Faridkot. By this judgment the learned Additional District Judge has upheld the judgment dated 19.11.1992 passed by the learned Senior SubJudge, Faridkot.

Mr. Verma, the learned counsel appearing on behalf of the appellant submits that this is a fit case for remand to the trial court as the appellant has not been given proper opportunity before the learned trial Court. I, however, do not find any merit in this contention. From the judgment of the learned trial court, I find that since appellant failed to examine any witness after proper opportunity was afforded to the appellant, the evidence of the appellant/plaintiff had to be closed by the trial court. Further in para6 of the judgment passed by the lower Appellate Court, it has clearly been stated that the khasra girdawari and jamabandi which are being relied upon by the learned counsel of the appellant, were not proved by examining any witness and even certified copies of these documents were not filed and instead photostat copies of these documents were filed by the appellant/plaintiff.

For the reasons recorded herein above, I do not find any merit in this appeal and accordingly the appeal is dismissed.