ACHLA DEEWAN Vs. BISHAN SINGH

JUDGEMENT

(1.) THIS case is another casualty of misapplication of Action Plans set by this Court on its administrative side for disposal of old cases which is the dire need of the day, cases which have become cancerous. The suit falls in the trial Court's Board in the Samadhan Category which fact finds mention in the impugned order dated January 20, 2014 and has to be disposed of as early as possible. But the case according to the learned trial Judge has been delayed by one or the other application. If this is so then remedial measures are required. But is it so?

(2.) THE petitioner is the plaintiff in a suit for possession by way of specific performance of an agreement to sell property entered between the parties on February 21, 2005. The suit claim is to the extent of half share of land described in the head note to the plaint situated in village Prahladpur Majra Baroli, Tehsil and District Faridabad, Haryana.

(3.) THE plaintiff tendered her evidence by way of affidavit on May 28, 2013 and the case was adjourned for her cross -examination. On the next date of hearing, she moved an application through her counsel under Order 14 Rule 5 of the Code of Civil Procedure, 1908 ('CPC') for amending the issues framed earlier by the Court. The learned trial Court allowed the application by the order dated January 3, 2014. The case was posted the matter to January 20, 2014 for cross -examination of the plaintiff.