- (1.) TERSELY , the facts & material, which requires to be noticed for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record is that, initially petitionerplaintiff - Mohinder Pal Singh son of Mohar Singh(for brevity "the plaintiff") has instituted the civil suit against the respondent -defendant Gurwinder Kaur wife of Jinder Singh(for short "the defendant") for a decree of possession by way of specific performance of the agreement to sell dated 01.08.2007 in respect of the property in dispute. The defendant contested the claim of the plaintiff, filed the written statement, stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.
(2.) HAVING framed the issues arising out of the pleadings of the parties, ultimately, the case was slated for evidence of the defendant. On 08.11.2012, the defendant(DW1) was present for cross -examination, but counsel for the plaintiff was not available to cross -examine her. Consequently, the trial Court declined to adjourn the case and the crossexamination of Gurwinder Kaur, DW1, was treated as 'Nil' by means of impugned order dated 08.11.2012(Annexure P -1). The application (Annexure P -2) filed by the plaintiff, to summon her for crossexamination, was dismissed as well, by the trial Court by virtue of impugned order dated 02.05.2013(Annexure P -3).
(3.) AGGRIEVED thereby, the petitioner -plaintiff has preferred the present petition, invoking the provisions of Article 227 of the Constitution of India. At the very outset, in exercise of power conferred under Article 227 of the Constitution of India, I hereby exempt the issuance of notice to the respondent -defendant, in order to save her from the expenditure of counsel fees, litigation expenses in this Court and the delay in disposal of the suit, particularly when she can well be compensated with adequate costs in this context. Be that as it may, however, in case, the defendant is aggrieved by the order, in any manner, she would be at liberty to file a petition to recall this order without accepting the costs.;