SAVITRI Vs. DURGA DEVI AND ORS

JUDGEMENT

(1.) This revision petition is directed against the order dated 3.4.2010 vide which the prayer of the Petitioner to get herself examined as a witness has been declined.

(2.) Learned Counsel for the Petitioner states that it is only due to the lapse of the counsel that the Petitioner could not be examined as a witness.

(3.) The prayer is seriously opposed by the learned Counsel for the Respondent No. 1 who has made reference to the facts of the case and the zimni orders passed to contend that the plea of the Petitioner regarding the fault of the counsel is not bona fide as the counsel was participating in the proceedings all through out and has even challenged an order by which the evidence of the Petitioner was closed by way of CR No. 3625 of 2009. He thus contends that the Petitioner has no equity in law and therefore her prayer cannot be answered.