JASGURPREET SINGH PURI
Greaves Cotton Limited – Appellant
Versus
Sadhu Singh Hamdard Trust – Respondent
ORDER
Jasgurpreet Singh Puri, J. - This order shall dispose of two Civil revisions No. 549 and 564 of 2021, which are identical in nature and the disputing parties are also the same.
2. For convenience, the facts are taken from Civil Revision No.549 of 2021.
3. A Civil Suit was filed by respondent-Sadhu Singh Hamdard Trust vide Annexure P-3 for recovery of an amount of the generator set alongwith the interest as also for recovery of damages against the present petitioners. After the completion of plaintiff s evidence on 25.3.2019, the matter was fixed for defendants' evidence for 11.4.2019. Thereafter on 2.9.2019, one defence witness ("DW") had come present and tendered an affidavit and the matter was adjourned for cross-examination and for remaining DWs. The matter was adjourned from time to time for defendants' witnesses and on 28.1.2020 vide Annexure P-9, no defendants' witness was present and on request, the case was adjourned to 4.2.2020 for DWs subject to costs of Rs.200/-.
4. Vide impugned order dated 13.3.2020 (Annexure P-l), the learned Civil Judge (Jr. Divn), Jalandhar observed that the costs was not paid and no DW was present and that the file reveals that the defendants fai
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