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2017 Supreme(P&H) 1004

ANIL KSHETARPAL
Harvinder Singh – Appellant
Versus
Baljinder Kaur – Respondent


Advocates Appeared:
For the Petitioner: Mr. M.K. Garg
For the Respondent: Mr. Karanvir Singh Khehar

JUDGMENT :

ANIL KSHETARPAL, J.

1. The defendant No.2 has filed the present revision petition under Article 227 of the Constitution of India challenging the order dated 13.01.2017 (Annexure P-1) passed by the Civil Judge (Senior Division) Ludhiana dismissing the application filed by the defendant No.2 to recall the order dated 04.01.2008 and re-open the suit for recording the evidence.

2. The brief facts of the case are that the plaintiff filed a suit on 06.12.1995. After pretty long time, the plaintiff closed her evidence on 13.10.2006.

3. Thereafter the case was fixed for defendant's evidence. The zimni orders (daily orders) passed by the Court on 15.01.2007, 15.02.2007, 13.03.2007, 05.04.2007, 08.05.2007, 30.05.2007, 12.11.2007, 23.11.2007, 07.12.2007, 13.12.2007, and 04.01.2008 are extracted as under:-

“Present:- Counsel for the parties.

No evidence of defendant produced today. Be produced on 15.2.07 at own responsibility.

CJJD/Ldh/15.1.07

Present:- Counsel for the parties.

No Dws is present on request. The case is adjourned to 13/3/07 for DWs to be produced at own responsibility.

Sd/-

15.2.

Present:- Counsel for the parties.

No DW is present. Adjourned requested by counsel of the defendant
















































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