SURJEET KAUR Vs. AMARJEET SINGH DHOT

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks following relief, among others:

(2.) The suit for cancellation of sale deed was filed by the plaintiff-respondent against the defendant-petitioner. Coincidentally both the petitioner and respondent are living in United Kingdom. Both are represented by their Power of Attorney holders before the Trial Court. Whereas the respondent entered into the witness box for his evidence, the petitioner could not. The reason assigned to the same is that petitioner's name was not incorporated in the list of witnesses, and also the fact that she is living in United Kingdom.

(3.) The suit was instituted in the year 2014. When an application was moved on behalf of the petitioner that she may be permitted to enter into the witness box, such application was dismissed primarily on the ground that Order 16 Rule-1 C.P.C. does not permit the Trial Court to do so. The Court below was also of the view that the petitioner is only interested in delaying the disposal of the suit. Therefore, an application paper no. 79 C was dismissed and the suit was listed for arguments.