Sunita Rani v. Sardari Lal

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C. R No. 8212 of 2019 Date of decision : 19.12.2019 Sunita Saini ....Petitioner versus Sardari Lal

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Ms. Ekjot Sandhu, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) Challenge in this petition is to orders dated 23.07.2019 and 23.11.2019 passed by learned Civil Judge (Sr. Divn.), vide which the evidence of the petitioner has been closed.

The suit for possession of dwelling unit has been filed by the respondent against the petitioner. The evidence of the petitioner was closed despite the fact that she was on bed rest.

Learned counsel at the very outset submits that out of 4 witnesses, only Janak Raj has been examined and Jagdev Singh and Vijay Kumar were to be cross examined.

Keeping in view the nature of dispute and the fact that the evidence of the defendant is necessary for correct decision of the case, orders dated 23.07.2019 and 23.11.2019 are hereby set aside and direction is given to the trial Court to give one effective opportunity to the petitioner to conclude her evidence and for cross examination of witnesses i.e Jagdev Singh and Vijay Kumar and the petitioner herself, subject to deposit of Rs.3000/- as costs which is to be deposited before the District Legal Services Authority, Pathankot. 19.12.2019 (RITU BAHRI) G.Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2020.01.29 16:18 I attest to the accuracy and integrity of this document Chandigarh