evidence and that while she was waiting in the Court for her advocate, she felt severe pain in her abdomen and also felt giddiness and that, therefore, she was not in a position to wait in the Court any longer and, hence, she left the Court premises without waiting for recording of her cross-examination by the Court and that as she was not present on that day when the matter was called, the trial Court was pleased to eschew her examination in chief and posted the matter for hearing arguments. Though in the counter filed before the trial Court, the plaintiff categorically averred that defendants 1 to 3 did not at all attend the Court, on 27.06.2017, and in-deed the order of the trial Court also reflects the said fact, the learned counsel appearing for the plaintiff before this court during the course of arguments stated that DW 1 attended the Court, on 27.06.2017, but left the Court even before the matter was called and that she was absent when the matter was called by the trial Court for recording her cross examination and that, therefore, the order passed by the trial Court is justified. However, learned counsel for the defendants 1 to 3 would submit that in view of the contentions and rival contentions and the eviction proceedings pending before the learned Rent Controller, the evidence of DW1 is essential for a just decision in the suit and, therefore, an opportunity may be granted to the defendants subject to terms. Though the submission in the counter of the plaintiff is at variance from the submissions made on behalf of the plaintiff before this Court, the fact of the matter is that DW1 was absent before the trial Court when the matter was called on that day for recording her cross examination. Therefore, considering the admitted fact that DW1 was absent on that day when the matter was called before the trial Court for recording her cross examination, this Court deems it appropriate to examine the matter only by taking note of the fact that DW1 was absent when the matter was called on that day without dilating on the aspect as to whether she was present earlier on that day before the trial Court. Be that as it may.
