LAWS(P&H)-1990-7-103

JABBAR DEVI Vs. KRISHAN KUMAR

Decided On July 09, 1990
Jabbar Devi Appellant
V/S
KRISHAN KUMAR Respondents

JUDGEMENT

(1.) The learned counsel for the respondents concedes that the impugned order be set aside and the ex-parte order be also set aside. But, as the case is pending since 1985 and it is at the fag end of the trial of the case that the ex-parte order is challenged, the petitioner be directed to file the written statement within two weeks from today and lead evidence on her own responsibility within two months thereafter and the petitioner should not be given any other opportunity to lead any evidence. If she desires to cross examine any of the witnesses already examined, she may summon, get serve effected and examine that witness at her own responsibility. In view of these submissions, the impugned order is set aside. The petitioner/defendant-applicant shall file the written statement, if so advised, within two weeks from today and within three months thereafter on the dates to be fixed by the Subordinate Judge the petitioner shall produce her entire evidence on her own responsibility including any witness already examined whom she wants to cross examine. She may apply to the Court for taking the process of the Court, if advised dasti and get the service effected at her own responsibility. The case will be decided within six months. Ordered accordingly