KAWALJIT KAUR Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) Petitioner is aggrieved of the impugned order dated 8.5.2014 (Annexure P-3) whereby attorney of Smt. Harbans Kaur a lady of more than 80 years old is sought to be examined as her witness.

(2.) The dispute pertains to entitlement of pensionary benefits of Mehan Singh-deceased. The petitioner/plaintiff claims herself to be one of the LRs of Mehan Singh deceased whereas adverse claim has been lodged by applicant-defendant No.7 Smt. Harbans Kaur.

(3.) When Smt.Harbans Kaur was being examined as her witness and had furnished her affidavit in lieu of her examination-in-chief, her crossexamination was deferred. Later on an application was moved by her supported by medical evidence that she was not in a position to enter the witness-box for her deposition. In these circumstances, prayer for examining her attorney as a witness was allowed by the lower Court.