BHAGWANTI Vs. UMA KANT AND OTHERS

JUDGEMENT

(1.) -The petitioner is the plaintiff who filed a suit along with her father for the cancellation of the sale deed in favour of the defendants on the ground that the father had not executed the said sale deed. In order to prove the same, expert evidence had been produced by the plaintiffs but the same could not be proved as the then expert died during the pendency of the suit itself. It is alleged that in the year 2009 another oral request was made for bringing fresh expert evidence which could not be expedited on account of non-availability of documents from the Sub-Registrar Office.

(2.) Learned counsel submits that the documents have been made available only on 4th of Sept., 2012 and therefore there was no deliberate delay on the part of the petitioner to lead fresh expert evidence.

(3.) The said opportunity of the petitioner has been denied by the impugned order dated 21.9.2012 on the ground that the suit is of 1981 and there are directions by the High Court to dispose of the same expeditiously. A revision filed against the same has also been dismissed. Hence, this writ petition.