DEV KUMARI Vs. VALLABH DASS

JUDGEMENT

(1.) Petitioner has filed this petition challenging the order dated 21.01.2014 (Annexure P-1), whereby evidence of the petitioner was closed.

(2.) Learned counsel for the petitioner has submitted that the petitioner-landlady has filed the ejectment petition against the respondents. Although, issues in the present case were framed on 07.04.2011 but no evidence could be led for one year, as the Presiding Officer was on leave for one reason or the other. Witnesses of the petitioner have tendered their affidavits in their examination-in-chief but are to be cross-examined by the respondent. In case, the witnesses of the petitioner are not cross-examined by the respondent, petitioner would suffer an irreparable loss. Learned counsel has further submitted that only one opportunity be granted to the petitioner to enable her to conclude her evidence at her own risk and responsibility.

(3.) In the present case, it would be just and expedient to grant one opportunity to the petitioner to enable her to conclude her evidence at her own risk and responsibility. In case, the petitioner is granted one opportunity to lead her evidence, the lis between the parties would be disposed of on merits. The other side can be compensated with costs.