Bhanwar Bai and Others vs Civil Judge (SD) Srimadhopur and Others

Gyan Sudha Misra, J.—The petitioners are the plaintiffs in a suit which has been filed by them for specific performance of a contract and cancellation of safe deed which has illegally been executed in favour of the respondents. The husband of petitioner No. 1-Bhanwari Bai died during the pendency of this suit and hence the attesting witnesses of the alleged sale deed could not be examined and their non examination obviously have a material bearing on the fate of the suit. While no fault can be found with the impugned order of the Trial Court on the legal and technical ground, yet if the decision of the suit is going to be seriously affected sacrificing the cause of justice on account of non examination of the attesting witnesses, it is consider just and appropriate to direct the Trial Court being the Court of Civil Judge (Senior Division) Srimadhopur District Sikar to grant last opportunity to the petitioner to examine the attesting witnesses before the defendants witnesses are examined. Thus order obviously is passed to avoid miscarriage of justice. The writ petition in the light of the aforesaid direction be treated as disposed of.