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1998 Supreme(P&H) 45

SAT PAL
Baljinder Singh – Appellant
Versus
Gurvinder Kaur – Respondent


Advocates Appeared:
For the Petitioner:Mr. P.S. Dhaliwal, Advocate.
For the Respondents:Mr. A.S. Ladhar, Advocate.


JUDGMENT

Sat Pal, J. - This petition has been directed against the order dated 11.9.1997 passed by Civil Judge (JD) Mansa. By this order, the learned Civil Judge has allowed the application moved by LRs of defendant No. 1 (Parminder Singh) to cross-examine the witnesses of the plaintiff and to lead their evidence.

2. Briefly stated the facts of the case are that the petitioner/plaintiff filed a suit for recovery of Rs. 1,11,689/- against four defendants including deceased Parminder Singh in the year 1989. It is an admitted fact that all the defendants filed the joint written statement in the suit. Initially case was fixed for evidence in the year 1991 but thereafter the defendants filed an application for amendment of the written statement which was allowed and accordingly amended written statement was filed on behalf of the defendants. As a result of the amended written statement one issue was re-cast on 27.2.1992 and the case was adjourned to 20.4.1992. Meanwhile defendant Parminder Singh died in the month of March 1992. Copies of the Jimni order which have been re-produced in the grounds of revision show that on 9.6.1992 an application filed by the learned counsel of deceased Par







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