- (1.) THE matrix of the facts & material, which requires to be noticed for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record, is that initially, the petitioner -plaintiff M/s Mangla Brothers Ice & Cold Storage(for brevity "the plaintiff"), has instituted the civil suit(Annexure P -1), for a decree of declaration, mandatory & permanent injunction, against respondentsdefendants Dakshin Haryana Bijli Vitran Nigam Ltd. and its Sub -Divisional Officer (for short "the defendants"). The defendants contested the suit, filed the written statement, stoutly denied the allegations contained in it and prayed for dismissal of the suit.
(2.) HAVING completed all the codal formalities, ultimately, the case was slated for evidence of the plaintiff on 15.10.2013. On that date, no PW was present, the trial Court refused to adjourn the case and closed the evidence of the plaintiff, vide impugned order dated 15.10.2013 (Annexure P -4).
(3.) AGGRIEVED thereby, the petitioner -plaintiff has preferred the present revision 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.;