SHEETLA PRASAD Vs. DISTRICT JUDGE, GONDA

JUDGEMENT

(1.) The undisputed facts of the case are: Smt Patiraji, the third respondent filed a Regular Suit No. 117 of 1982, Patiraji versus Sheetla Prasad in the Court of Additional Civil Judge (Jr. Div), Court No. 8, Gonda for cancellation of sale deed and for permanent injunction against the petitioner restraining him from interfering with the peaceful possession of the third respondent over the property in dispute. In the said suit the petitioner filed his written statement. In support of her case, the third respondent examined herself as PW 1. 6/2/2015 was the date fixed for cross examination of the third respondent but instead of cross examining her, the counsel for the petitioner moved an application for adjournment. The application is extracted below:-

(2.) The trial Court rejected the application for adjournment, closed the opportunity of the petitioner to cross examine the third respondent and fixed a date for cross examination of PW 2. The trial Court passed the following order:-

(3.) The revision bearing Civil Revision No. 48 of 2015, preferred by the petitioner against the said order has been dismissed by the District Judge by an order dtd. 6/2/2015. Both the said orders are under challenge in the present petition.