Bhandari, J.—This is a civil second appeal in a suit for grant of perpetual injunction and for possession of the land of the chowk which according to the plaintiff-appellant was joint.

2. The main grievance of the plaintiff-appellant is that the trial court had wrongly closed his evidence. In order to appreciate this contention, it is necessary to refer to the following facts : In this case., the issues were framed on 15.1.1958 and the case was adjourned to 17.3.58 for the evidence of the parties. On 20.1.1958 the plaintiff applied that the summonses be issued to the six witnesses referred to in that application. He also deposited Rs. 25/- for the expenses of the witnesses. On 17.3.1958 an application was filed by the defendant-respondents that the plaintiff had not filed a list of witnesses as required by O. 16., r. (i) of the Civil Procedure Code and the evidence of the plaintiff be ordered to be closed. On this, the plaintiff filed an application that eight witnesses referred to in that application be examined on his behalf (see page 125D of the record). Another application was filed that the list of the witnesses filed on 20.1.58 may be treated as one filed under O. 16, r. 1(i)

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