OM PRAKASH Vs. LALITA BAI

JUDGEMENT

(1.) THIS appeal is directed Under Section 28 of the Hindu Marriage Act against the judgment and decree passed on 16. 1. 1993 by the learned Additional Judge to the District Judge, Sendhwa (West Nimar) in Original Civil Suit No. 2-A/92. whereby dismissed the suit of the plaintiff for a decree of divorce.

(2.) I have heard Mr. T. N. Singh, learned Counsel for appellant and Mr. S. K. Pawnekar, learned Counsel for respondent

(3.) THE submission of Mr. T. N. Singh is that in this case the apellant could not be examined as a witness because the appellant had examined one Om Prakash Gupta as a witness in support of his case due to the mistake of the Counsel for the appellant as he was in the impression that the said witness Om Prakash is the plaintiff who has been examined. It was also submitted that the respondent also could not produce any evidence, as the respondent and her witnesses could not appear on the date which was fixed for her evidence.