2002 Supreme(Raj) 1922
B.S.CHAUHAN
Champalal – Appellant
Versus
Jasnath – Respondent
Advocates:
For the Appellant:Mr. R.R. Nagori, Advocate.
For the Respondent:Mr. Dinesh Maheshwari, Advocate.
JUDGMENT
1. - This second appeal has been filed against the judgment and decree of the first appellate Court dated 31.3.2001 by which it has affirmed the judgment and decree of the Trial Court dated 15.7.1996 by which the learned Trial Court has passed the decree of eviction of the defendant-appellant from the suit premises.
2. The facts and circumstances giving rise to this appeal are that plaintiff- respondent filed a suit for eviction of the defendant-appellant on various grounds, Including second default in payment of rent, reasonable and bona fide need etc. The defendant-appellant contested the suit denying the averments made in the plaint and in view of the pleadings of the parties, the issues were framed. Thereafter, the parties were permitted to lead evidence. The evidence of the plaintiff-respondent was over, subsequently when the defendant-appellant was asked to lead evidence, inspite of giving several opportunities he could not examine even a single witness and therefore evidence was closed. Being aggrieved and dissatisfied of the order of closure of evidence, defendant-appellant filed Revision Petition No. 236/95 before this Court which stood dismissed vide order dated 6
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