BALDEV SINGH Vs. FAQUIR CHAND

JUDGEMENT

(1.) The present petition has been filed under Article 227 of the Constitution of India with the prayer for setting aside of the impugned order dated 8.2.2021 (Annexure P-1) passed by the Learned ACJ (Senior Division), Bathinda, whereby the application filed by the petitioner (Kirpal Kaur) to permit her to file her affidavit as plaintiff has been dismissed.

(2.) The learned counsel for the petitioner has submitted that the original suit was filed by one Baldev Singh and he had deposed before the Learned Trial Court and was also partly cross-examined and thereafter he had closed his evidence and thereafter, the evidence of the defendant was led. Thereafter, the matter was fixed for rebuttal evidence and the Court had allowed further cross-examination of said Baldev Singh. However, before the same could be done, the said Baldev Singh had died on 15.5.2019 and the petitioner had stepped into the shoes of Baldev Singh as LR of the same. He has submitted that he had filed an application for filing of an affidavit of Kripal Kaur (LR) but the same has been erroneously declined by the Learned Civil Judge. He has further submitted that the plaintiff is entitled to tender in evidence her affidavit for the purpose of just adjudication of the case.

(3.) I have heard the learned counsel for the petitioner and have also perused the order passed by the Learned ACJ (Senior Division), Bathinda, vide Annexure P-1, which is the impugned order in the present revision petition.