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2006 Supreme(P&H) 2309

S.S.SARON
Milkha Singh – Appellant
Versus
Parshotam Dass – Respondent


Advocates Appeared:
For the Petitioner:Mr. Gursewak Singh Singhpuria, Advocate.
For the Respondent:Mr. R.L. Gupta, Advocate.

JUDGMENT

S.S. Saron, J. - This revision petition has been filed by the defendant- petitioner under Article 227 of the Constitution of India against the order dated 24.1.2004 (Annexure-P-1) passed by the learned Civil Judge (Junior Division), Mansa, whereby the application filed by him under Order 6 Rule 17 of the Code of Civil Procedure (CPC - for short) for amendment of his written statement for claiming set-off in respect of the crop sold to the plaintiff has been dismissed.

2. The plaintiff-respondent filed a suit for recovery of Rs. 1,31,8000/- etc. against the defendant-petitioner on the basis of pronote. The defendant- petitioner contested the suit and he filed his written statement dated 12.8.2002 (Annexure P/2). The issues in the case were framed on 10.9.2002 and on 14.10.2002 the plaintiff concluded his evidence. The defendant despite being given as many as eight opportunities did not conclude his evidence and on 7.5.2003 he was given last opportunity to lead his evidence subject to payment of Rs. 100/- as costs. It was also ordered that in case the defendant does not conclude his evidence, his evidence would be deemed to the closed. The case was adjourned to 14.5.2003 on w





























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