Kulwant Kaur v. Shubh Lata Jain

C. R No. 7314 of 2019

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C. R No. 7314 of 2019 Date of decision : 19.11.2019 Kulwant Kaur ....Petitioner versus Shubh Lata Jain

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. S.K. Yadav, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) Challenge in this petition is to order dated 19.10.2019 passed by learned Civil Judge (Sr. Divn.) Gurugram vide which the evidence of the petitioner has been closed by Court order.

At the very outset, learned counsel for the petitioner has submitted that plaintiff/respondent has filed a suit for possession by way of ejectment and for the recovery of Rs.11,43,000/- as arrears of rent/mesne profits. Learned counsel while referring to zimni orders states that in fact, petitioner has been granted three opportunities within a period of 10 days despite the fact that the petitioner is not well and a senior citizen has not been considered while passing the impugned order. Learned counsel submits that on the other hand, the respondent was granted 1 1⁄2 months time to lead plaintiff evidence on the ground that respondent is a senior citizen.

For correct decision of the case, the present revision petition stands allowed and order dated 19.10.2019 is set aside. The petitioner is GAURAV ARORA 2019.11.21 10:48 I attest to the accuracy and integrity of this document Chandigarh

C. R No. 7314 of 2019 granted two effective opportunities to conclude her evidence by examining three witnesses i.e herself, her husband namely A.P. Singh and her son namely Jatin Pal Singh, subject to deposit of cost of Rs.5,000/- by the petitioner before District Legal Services Authority, Gurugram. 19.11.2019 (RITU BAHRI) G.Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2019.11.21 10:48 I attest to the accuracy and integrity of this document Chandigarh