KIRAN BALA Vs. SURINDER SHARMA

JUDGEMENT

(1.) CM No. 7355-CII of 2017

(2.) The present revision petition has been filed under Art. 227 of the Constitution of India for setting aside the impugned order dated 18.01.2017 (Annexure P-1) passed by the Civil Judge (Senior Division), Karnal, whereby, the application for adjournment of the case filed by the petitioner has been dismissed and opportunity for cross-examination of PW Krishan Kumar and Surender Kumar was treated as NIL. A further prayer has also been made for granting one effective opportunity to cross examine said two witnesses.

(3.) Briefly, the facts of the case are that respondent No.1 filed a suit for possession by way of specific performance of contract of sale deed dated 20.08.2016 pertaining to the suit property and also for declaration declaring the alleged agreement to sell dated 17.01.2011 as well as General Power of Attorney dated 17.01.2011 executed by defendant No.1/petitioner in favour of defendant No.2/respondent No.2. After issuing notice in the suit, the written statement was filed by defendant No.1/petitioner. Thereafter, the case was fixed for plaintiff evidence and plaintiff/respondent No.1 examined PW Surender Kumar and tendered examination-in-chief on 21.11.2016 but his cross examination was deferred. On 012.2016, another PW Krishan Kumar was examined, who also tendered his examination-in-chief and thereafter, the cross-examination of said witness was also deferred. Petitioner-defendant No.1 partly cross-examined PW Krishan Kumar and the remaining cross-examination of the witness was deferred. Thereafter, counsel for defendant No.1/petitioner moved an application for adjournment of the case but the same was dismissed vide order dated 18.01.2017 and opportunity for cross-examining the said witnesses was treated as NIL. Said order dated 18.01.2017 is under challenge in the present revision petition.