LALITA AWASTHI Vs. VIDYA DEVI

JUDGEMENT

(1.) THE petitioner has assailed the order dated 28 th March, 2012 whereby 1. the application filed by the petitioner for treating the suit, being Suit No.29/2011 in continuation of the old suit and hearing the said suit from the stage of final arguments and adjudicate upon the remaining issues framed in Suit No.770/2007 was dismissed.

(2.) THE petitioner filed a suit for recovery of possession as well as injunction against the respondents/defendants (Suit No. 770/1993). Circumstances that led to the suit are as follows:

(3.) THE petitioner examined 11 witnesses in support of her case including herself. On other hand, the respondent No.1 examined herself in support of her case. The other respondents did not lead any evidence. The matter was put up for final arguments on 27th August, 2010 and it was again put up on 4th September, 2010 and during the course of arguments, the Court treated issue No.1 as preliminary issue. On 7th September, 2010, the said preliminary issue No.1 about the