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2024 Supreme(P&H) 117

VIKAS SURI
Dinesh Kumar – Appellant
Versus
Suresh Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sachin Mittal, Advocate and Mr. Parth Sharma, Advocate

JUDGMENT :

Vikas Suri, J.

The petitioner (defendant No.2) through this revision petition under Article 227 of the Constitution of India has challenged order dated 12.01.2024 (Annexure P-1) whereby the evidence of defendant No.2 was closed by Court order.

2. The facts of the case, succinctly, are that respondent No.2/plaintiff-Laxmi Devi filed a suit praying for a decree of symbolic possession by way of specific performance of agreement to sell dated 28.05.2005 of Plot No.429, Sector 6, HUDA, Panipat with consequential relief of permanent injunction. The suit was contested and the proceedings therein continued, wherein the petitioner appeared as DW-5 and was examined in-chief on 03.07.2019. However, his cross-examination was deferred on the request of counsel for respondent No.2/plaintiff and the trial was adjourned for cross-examination of the petitioner as well as remaining evidence of the defendants. At that stage, an application under Section 66 of the Indian Evidence Act was filed by one of the defendants, which was dismissed vide order dated 25.09.2019. The said order was challenged before this Court by way of revision petition, which was disposed of on the consensus of the parti

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