LAWS(P&H)-2012-7-357

BALBIR SINGH WASU Vs. GENERAL PUBLIC AND OTHERS

Decided On July 24, 2012
BALBIR SINGH WASU Appellant
V/S
General Public And Others Respondents

JUDGEMENT

(1.) This order shall dispose of CR Nos.3152 and 4530 of 2011. In CR No.3152 of 2011, the petitioner has challenged the order dated 26.4.2011 passed by the trial Court vide which respondent No.2 has been allowed to tender her new examination-in-chief by way of an affidavit. In CR No.4530 of 2011, the petitioner has challenged another order dated 26.4.2011 vide which his application for review of the order dated 17.3.2009 passed by the trial Court dismissing the objections raised the petitioner on the filing of the affidavit of respondent No.2 as executor of the Will after the death of her husband, was dismissed.

(2.) This matter had come up for hearing on 18.7.2012. After hearing for about an hour, the matter was adjourned to 20.7.2012 to enable counsel for the parties to produce case law. On 20.7.2012, the case was adjourned to today as counsel for the petitioner was stated to be unwell.

(3.) Today, counsel for the petitioner states that the petitioner who is present in Court has apprehensions about the propriety of my hearing the present matters on three grounds; firstly that the property in dispute is situated in Sector 9, Chandigarh which is in the neighbourhood of the house where I stayed for a long time; secondly that the testator who is a Senior Advocate of this Court was well known to my family; and thirdly that I myself know both the parties.