- (1.) THE contour of 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 petitioner -plaintiff -Jit Kaur daughter of Late Sh.Bhag Singh(for brevity "the plaintiff") has instituted the civil suit(Annexure P -1) against respondents -defendants -Mohinder Singh son of Late Bhag Singh and others(for short "the defendants") for a decree of declaration to the effect that the sale -deed dated 11.06.1982, allegedly executed by her in respect of the land in dispute, is illegal, unlawful, sham transaction and is not binding on her rights. The contesting defendant Nos.2 & 4 refuted 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, the case was slated for evidence of the plaintiff. The trial Court closed the evidence of the plaintiff by virtue of impugned order dated 15.01.2014.
(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 respondents -defendants, in order to save them from the expenditure of counsel fees, litigation expenses in this Court and the delay in disposal of the suit, particularly when they can well be compensated with adequate costs in this context. Be that as it may, however, in case, the defendants are aggrieved by the order, in any manner, they would be at liberty to file a petition to recall this order without accepting the costs.;