Usha Rani vs Dharampal and Others

Sabina, J.—Plaintiff has filed a suit for possession by way of specific performance of agreement to sell. Vide order dated 8.3.2011, the evidence of the Defendant was closed. Hence, the present petition by Defendant No. 6.

Learned Counsel for the Petitioner has submitted that the examination in chief of the Petitioner was recorded on 23.2.2011 and the cross examination of the Petitioner was deferred at the request of counsel for the Plaintiff. The case was adjourned to 1.3.2011. On the said date, the Petitioner could not appear as she had undergone eye operation and thereafter, she had suffered fracture of her right ankle.

After hearing learned Counsel for the Petitioner, I am of the opinion that the present petition deserves to be allowed.

Petitioner had been examined as DW-6. Her examination in chief was recorded on 23.2.2011 and her cross examination was deferred at the request of the counsel for the Plaintiff. The Petitioner has undergone an eye operation and thereafter, she has suffered fracture of her right ankle. Certificates (Annexures P-3 and P-6) have been placed on record, in this regard. In these circumstances, the ends of justice require that the Defendants be allowed to examine the Petitioner. The Petitioner has been advised rest upto 30.3.2011.

Accordingly, this petition is allowed. The trial court is directed to grant one opportunity to the Defendants to examine the Petitioner after 30.3.2011.