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2017 Supreme(P&H) 1966

DAYA CHAUDHARY
Kuldeep Kaur – Appellant
Versus
Raj Kumar – Respondent


Advocates:
For the Petitioner:Mr. Ashish Gupta, Advocate,

JUDGMENT

Mrs. Daya Chaudhary, J.:- Petitioner-defendant-Kuldeep Kaur has filed the present revision petition under Article 227 of the Constitution of India for setting aside impugned order dated 12.12.2006 (Annexure P-1) passed by the Civil Judge (Sr. Division), Moga whereby the trial Court has treated the opportunity to cross-examine the plaintiff-respondent No.1 by petitionerdefendant No.5 as ‘Nil’ and also for setting aside impugned order dated 7.4.2017 (Annexure P-6) whereby application for setting aside the impugned order has been dismissed.

2. Briefly, the facts of the case, as made out in the present revision petition are that plaintiff-respondent No.1 filed a suit for possession by way of specific performance on the basis of agreement to sell dated 19.3.2012. After completion of pleadings, issues were framed in the suit and thereafter plaintiff tendered his affidavit in his evidence in chief on 19.9.2016 and matter was deferred for cross-examination. Plaintiff was cross-examined by counsel for defendant Nos.1 to 4 but due to failure on the part of counsel for the petitioner, the cross-examination was treated as ‘Nil’ and matter was posted to 3.1.2017 for documentary evidence.




















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