- (1.) THIS case is another casualty of misapplication of Action Plans set by this Court on its administrative side for disposal of old cases which is the dire need of the day, cases which have become cancerous. The suit falls in the trial Court's Board in the Samadhan Category which fact finds mention in the impugned order dated January 20, 2014 and has to be disposed of as early as possible. But the case according to the learned trial Judge has been delayed by one or the other application. If this is so then remedial measures are required. But is it so?
(2.) THE petitioner is the plaintiff in a suit for possession by way of specific performance of an agreement to sell property entered between the parties on February 21, 2005. The suit claim is to the extent of half share of land described in the head note to the plaint situated in village Prahladpur Majra Baroli, Tehsil and District Faridabad, Haryana.
(3.) THE plaintiff tendered her evidence by way of affidavit on May 28, 2013 and the case was adjourned for her cross -examination. On the next date of hearing, she moved an application through her counsel under Order 14 Rule 5 of the Code of Civil Procedure, 1908 ('CPC') for amending the issues framed earlier by the Court. The learned trial Court allowed the application by the order dated January 3, 2014. The case was posted the matter to January 20, 2014 for cross -examination of the plaintiff. The petitioner says she went to Nigeria on October 3, 2013 for some urgent professional work and was scheduled to return to India to be available in Court on January 20, 2014 but was unable to meet the deadline due to medical problems experienced in her lower back. The petitioner was in Nigeria on January 20, 2014 as noticed from the stamp in her passport (P - 2). Her counsel moved an application for exemption from appearance in Court on the date fixed and requested for fixing some other date for the purpose. Her medical certificates were attached with the application. The request for adjournment was refused and the trial Court proceeded to pass the impugned order and closed her cross -examination by treating opportunity given as "Nil". The petitioner's summoned witness Jagdish Patwari was under warrant of production as witness and it was ordered that fresh warrant be issued to be effected by the local police. The case was adjourned to January 24, 2014 for recording of evidence of plaintiff's witnesses at her own responsibility. It is also recorded that this would be last opportunity to do so.;