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Judgment
Rajiv Sharma, J.—This petition is directed against order dated 20.10.2012 rendered by learned Civil Judge (Junior Division), Court No. 2, Amb, in civil suit No. 147/2002.
Pertinent facts necessary for the adjudication of this petition are that the respondent/plaintiff (herein after referred to as ''plaintiff'' for brevity sake) filed a suit for declaration qua the 1/6th share in the property. The suit was contested by the petitioners/defendants (herein after referred to as ''defendants'' for brevity sake). Issues were framed. Evidence commenced. The evidence of the plaintiff has already been recorded. Defendants moved an application seeking direction to the witnesses namely Harmesh Chand son of Shri Parma Nand and Shri Raj Kumar son of Shri Ram Dass, to appear personally before the Court for cross- examination. Shri Harmesh Chand and Shri Raj Kumar were summoned by the Court. They led their evidence by filing affidavits on 29.9.2012. They appeared before the Court on 12.10.2012 and thereafter on 15.10.2012 for cross-examination. However, the witnesses could not be examined on previous dates of hearing. The case was fixed for 20.10.2012. The witnesses did not appear before the Court.
It was in the above stated circumstances that the application was filed seeking direction to these witnesses to appear before the Court, for the purpose of cross-examination.
The application was dismissed by the learned Civil Judge (Junior Division) below on 20.10.2012 by a speaking order.
I have heard the learned counsel for the parties and also gone through the material placed on record, carefully.
It is evident from the record that as many as nine opportunities have been granted to the defendants to lead their evidence. The civil suit was filed in the year 2005. Learned Civil Judge (Junior Division) below has come to a right conclusion that the application as filed is only to prolong the litigation since 22.11.2005. Application ought to have been filed prior to 20.10.2012, in case defendants were facing any difficulty for summoning Shri Harmesh Chand and Shri Raj Kumar. There is no perversity or illegality in the order dated 20.10.2012.
In view of the analysis and discussion made herein above, there is no merit in the petition and same is dismissed. Pending applications, if any, also stand disposed of. No costs.