NIDHI ARORA Vs. PRASHANT ARORA

JUDGEMENT

(1.) R .A. No. 38 -CII of 2005 was filed against the order passed by this Court on 08.04.2005 by which C.R. No. 1975 of 2003 was dismissed as in -fructuous. Learned counsel for the respondents has no objection if this review application is accepted and C.R. No. 1975 of 2003 is ordered to be restored at its original number. I order accordingly.

(2.) THIS revision petition was filed against the order passed by the learned trial Court dated 7.4.2003. The petitioners were the defendants in the learned trial Court and their prayer was that the plaintiff (respondent herein) can depose in his case only by appearing in person and not through attorney. That prayer was declined by the learned trial Court vide impugned order dated 7.4.2003 and it was held that the plaintiff can make the statement through his attorney also.

(3.) ON the other hand, submission of learned counsel for the respondent was that the respondent herein (plaintiff in the learned trial Court) has already closed his evidence. The evidence of the petitioner has also been closed by them and the file is now fixed in the learned trial Court for 25.5.2005 for arguments.