The sale settled in favour of respondents was pirated by petitioner through filing of suit for possession via pre-emption before the learned Civil Court on 01.03.2005, which having been contested, issues were on 14.11.2005, but admittedly so far list of witnesses was never, submitted. No doubt, partial evidence was recorded, but despite seeking several adjournments, the petitioner could not lead the remaining evidence compelling learned Trail Court to struck off his such right on 28.09.20212 and further approved by the learned Revisional Court below vide order dated 27.02.2013, thus this petition was here.
2. Arguments heard, record perused.
3. The case diary maintained by the learned Civil Court confirmed that after the settlement of issues almost seven years were consumed by the petitioner to record his evidence. No doubt, on 04.10.2010, the petitioner examined three witnesses, but thereafter the remaining evidence was never brought before the Court despite issuance of warning, and even imposition of cost. So far as the emphasis of learned counsel for petitioner that one more chance may be provided to his client is concerned, suffice it to say that per his statement dated 04.05.2010 he only reserved his right to produce postman in affirmative evidence, whereas rest of the oral evidence was closed. In such situation when admittedly till this time the list of witnesses was never submitted, how the petitioner could be allowed to summon him. The better course for the petitioner was to make application for submission of list of witnesses but he never opted for the same, therefore for his indolent/lethargic attitude the right of remaining 'evidence was rightly closed about nine years ago. The said interlocutor order duly congealed by Revisional Court below cannot be interfered with while invoking jurisdiction under Article 199 of the Constitution, 1973. Thus this petition is dismissed.