Mohini v. Satpal Sharma

C.R. No. 6237 of 2015 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 6237 of 2015 (O&M) Date of decision:- 21.09.2015 Mohini

...Petitioner

Versus

Satpal Sharma

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. C.K. Rana, Advocate for the petitioner.

RITU BAHRI J.(Oral) Respondent/Petitioner (for short 'petitioner') has filed the instant revision petition under Article 227 of the Constitution of India read with Section 151 CPC assailing order dated 14.05.2015 (Annexure P-3) passed by learned Addl. District Judge, Karnal, vide which the evidence of the petitioner has been closed by Court order Learned counsel for the petitioner submits that the petitioner was not aware that her evidence has been closed vide impugned order dated 14.05.2015 and she came to know about order dated 14.05.2015 on 20.08.2015 when she was to file her affidavit as her examination in chief. The examination in chief and cross examination of brother of the petitioner is on record but the same will not be considered by the learned trial Court as the evidence of the petitioner has been closed. If the petitioner and her witness i.e her brother are not allowed to appear for their evidence, it will cause great prejudice to the petitioner.

GAURAV ARORA 2015.09.29 11:43 I attest to the accuracy and integrity of this document

C.R. No. 6237 of 2015 (O&M) -2I have heard learned counsel for the petitioner and perused the case file.

For a fair decision of the suit, order dated 14.05.2015 is hereby set aside and the instant revision petition is allowed and the petitioner is given one effective opportunity to conclude her entire evidence i.e to produce herself and her brother as witness, subject to payment of Rs.3000/- as cost, to be given to the respondent.

September 21, 2015 ( RITU BAHRI ) G Arora JUDGE GAURAV ARORA 2015.09.29 11:43 I attest to the accuracy and integrity of this document