S.H. Vora, J.

1. Rule. Learned advocate Ms. Jayani Shah waives service of rule for the respondent.

2. By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner challenges order dated 28.4.2016 passed below application Exh. 117 in Regular Civil Suit No. 244 of 2012, whereby the learned 3rd Additional Senior Civil Judge, Rajkot allowed the application in exercise of powers under section 151 of the Code of Civil Procedure, 1908 (for short "the Code") permitting the respondent - plaintiff to place on record examination-in-chief of the plaintiff on payment of cost of Rs. 3000/-.

3. Before submissions made at bar, certain undisputed facts deserve to be noted.

3.1 The respondent - plaintiff filed suit for specific performance of sale agreement dated 3.10.2012 in respect of land bearing survey No. 309 paiki 6 and 309 paiki 21 situated at village Tardhadiya, Tal & Dist: Rajkot. The respondent - plaintiff purchased both the properties and he made payment of Rs. 51,000/- by cheque in respect to each land and made further payment of Rs. 4 lac in cash and thus, the respondent - plaintiff paid Rs. 5,02,000/-. For decision of the present petition, other