(1.) Heard Shri Kshiragar, learned counsel for the petitioner - original defendant and Shri Qazi, learned counsel for the respondent - original plaintiff.
(2.) Rule. Rule is made returnable forthwith by consent of the parties.
(3.) Shir Qazi, learned counsel for the respondent has today filed on affidavit before this Court. After hearing both the counsels, I find that the learned counsel for the respondent is right in contending that the only 4 attempt is to delay the decision of the Suit, However, the Court below has not rejected the prayer of present petitioner - defendant on that count and the Court below has also not said that the witnesses sought to be summoned are not relevant.