ANNIE PHILIP Vs. MOHINDER SINGH TANWAR

JUDGEMENT

(1.) This order shall dispose of CR-995-2021 and CR-2129-2021.

(2.) Petitioner at the first instance filed CR-995-2021 for setting aside order dtd. 31/3/2021, passed by the learned Additional Civil Judge (Senior Division), Kurukshetra in Civil Suit No.153 of 2020, whereby petitioner's application under Sec. 151 CPC seeking exemption to appear personally and allowing an authorized person to depose on behalf of the applicant/petitioner/witness on the date fixed, was dismissed.

(3.) CR-2129-2021 was subsequently filed by the petitioner primarily challenging order dtd. 12/3/2021, whereby the petitioner, who is a witness in the suit, it was held, was necessary to be examined and was therefore, summoned for the next date. The petitioner had filed CR-2129- 2021 subsequently after a pointed query by the Court regarding order dtd. 12/3/2021 as referred to in order dtd. 31/3/2021 which is the subject matter of challenge in CR-995-2021 as order dtd. 12/3/2021 was not even appended alongwith CR-995-2021. Order dtd. 19/7/2021 is also challenged in CR-2129-2021. It is to be noted that two orders dtd. 19/7/2021 have been attached with CR-2129-2021. Order dtd. 19/7/2021 attached as Annexure P-2 and marked as the impugned order in the index of said revision petition, has been passed by the learned trial Court disposing of an application dtd. 13/7/2021 moved by defendant no.3 Harpal Singh Tanwar, arrayed as respondent no.4 in the said revision petition being aggrieved of being summoned as a witness of the plaintiff. Another order dtd. 19/7/2021 has been attached as Annexure P-4 while deciding an application dtd. 5/7/2021, filed by the petitioner, whereby she has been exempted from giving her testimony till other witnesses are examined by the plaintiff. Application dtd. 5/7/2021 had been filed by the petitioner under Sec. 151 CPC to exempt the applicant/petitioner to appear personally for recording her testimony till final decision of CR-995-2021.