MEGHWANTI Vs. SURRINDER MOHAN

JUDGEMENT

(1.) This civil revision has been filed under section 115 of the Code of Civil Procedure by Shrimati Meghwanti, defendant in suit No. 81 of 1969 on the file of Shri R.L. Gupta, Subordinate Judge 1st Class, Delhi, against an order dated 31st August, 1971, whereby the learned Subordinate Judge rejected an application filed on behalf of the petitioner-defendant praying that an identification parade may be held.

(2.) The respondent, Surinder Mohan, filed a suit against the petitioner for recovery of Rs. 1500.00 on the basis of promissory note. The petitioner filed a written statement pleading, inter alia, that the suit promissory note was never executed by her; that no consideration passed to him; that the pronote was "under unstamped"; that she was a Pardanashin lady and her signatures have been forged through the instrumentality of one L. Jaswant Rai who was the real plaintiff behind the scene ;and that in fact the petitioner was away to Calcutta on the date of execution of the alleged promissory note and the receipt, on the basis of which the suit has been filed. The respondent plaintiff filed a replication reiterating his allegations and contentions, and it is not necessary for the purpose of this civil revision to set out the various pleas in the said replication.

(3.) The respondent-plaintiff filed an application in the trial court praying that the petitioner defendant be summoned in person before the Court for recording her statement prior to the framing of issues. The trial court allowed the application and ordered the petitioner-defendant to appear in person before the Court on 26th of August, 1971. The petitioner-defendant was not able to attend the Court on that date, and the court adjourned the case to 5th of October, 1971 for the personal appearance of the petitioner-defendent.