contested by the petitioner herein before the learned Trial Court. On the pleadings of the parties, vide order dated 16.07.2022, the issues were framed and the matter was set for recording of evidence of the respondent through the Local Commissioner [in short „LC‟]. The respondent concluded the recording of his evidence, however, the petitioner was also directed to get his evidence recorded through LC on 16.08.2022, subject to payment of fee fixed at Rs. 20,000/-. The petitioner due to financial difficulty could not pay the said fees and he was granted another opportunity on 01.03.2023 to get his evidence recorded through LC. Again citing financial constraints, the petitioner moved an application under Section 151 CPC which was treated by the learned Trial Court under Order XVIII Rule 17 CPC and was dismissed vide order dated 24.05.2023. 3. The learned counsel for the petitioner submits that the aforesaid order has grossly prejudiced the defence of the petitioner as he has to only examine himself in the witness box and the crucial right is being denied to him. He further submits that earlier he was unable to afford the fee of the LC therefore, he could not get his evidence recorded through LC which he brought to the notice of the learned Trial Court by moving an appropriate application but the same was not considered, though he was always willing to get his evidence recorded before the learned Trial Court. Subsequent thereto, he was burdened with the cost of Rs. 5000/- vide order dated 01.03.2023 while granting him a further opportunity to lead further defence evidence which he had already paid to the respondent. Learned counsel submits that the petitioner is diligently pursuing his defence in the aforesaid suit filed by the respondent but due to the reasons stated hereinabove, he could not get his evidence recorded though he has always been willing to
