HIGH COURT OF MADHYA PRADESH; BENCH AT INDORE Misc. Petition No.1427 of 2017.

(Kallu Kha @ Asmatulla v/s Haroon Bi)

Indore, Dated : 10.01.2018:-

Shri Pankaj Kumar Jain, learned counsel for the petitioner.

Shri Asif Ali Warsi, learned counsel for the Respondent.

Heard on the question of admission.

O R D E R

THE petitioner/defendant has filed the present petition under Article 227 of the Constitution of India being aggrieved by the order dated 01.12.2017 by which application under Section 151 of CPC filed by the plaintiff has been allowed.

[2] The Respondent/plaintiff filed the suit for eviction and possession against the defendant/present petitioner. The suit was filed in the year 2013. Thereafter the defendant filed the written-statement. Issues have been framed and the plaintiff has recorded her evidence and the case was fixed for defendant's evidence.

[3] On 28.07.2017 the defendant produced his witness Kallu Kha @ Asmatulla and his cross-examination was started by the plaintiff but could not be concluded on the same day and the case was adjourned. On the next date of hearing, the plaintiff filed an application under Section 151 of CPC. The defendant sought time to file the reply to the s