SUKHPAL KAUR Vs. SUNDERAM COLONIZERS (PVT) LTD

JUDGEMENT

(1.) CONCISELY , the facts and material, which require to be noticed for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record, are that, initially, petitioner -plaintiff Sukhpal Kaur wife of Harnek Singh (for brevity "the plaintiff") has instituted the civil suit for a decree of mandatory injunction directing defendant -respondents Sunderam Colonizers Private Limited and others (for short "the defendants") to remove the recently constructed pillars and other constructions from the passage/street. The defendants refuted the claim of plaintiff, filed the written statement, stoutly denied all the allegations contained in the plaint and prayed for its dismissal.

(2.) HAVING completed the evidence of plaintiff, the case was slated for evidence of defendants by the trial Court. Subsequently, the plaintiff had produced and proved the sale deed dated 27.12.1995, site plan and other documents, by way of additional evidence. Thereafter, the contesting defendants No.1 and 2 moved the application (Annexure P1) for recalling the plaintiff to cross -examine her with regard to the pointed documents already placed on the record. The plaintiff contested the plea of defendants, filed the reply (Annexure P2) stoutly denying all the allegations contained in it and prayed for its dismissal.

(3.) TAKING into consideration the entire material on record, the trial Court accepted the application (Annexure P1) and granted one opportunity to contesting defendants to cross -examine the plaintiff, subject to payment of Rs. 1000/ - as costs, by virtue of impugned order dated 24.12.2013 (Annexure P3).