OM PARKASH SHARMA Vs. AVINASHI LAL SHARMA

JUDGEMENT

(1.) A suit for declaration that the plaintiffs are owners in possession of House No.3143, Sector 21 -D, Chandigarh on the basis of registered Will dated 28.4.1980 is pending adjudication since 9.10.1998 and despite twenty five opportunities having been granted to the plaintiffs to conclude their evidence, their evidence had yet not been concluded. In short, the case is more than 10 years old. In this revision petition, two orders are under challenge.

(2.) IN this revision petition, two orders are under challenge. One is of 21.1.2014 (Annexure P -15) vide which application of the plaintiffs, petitioners herein, for recording the cross -examination of petitioner -plaintiff Om Parkash (PW5) through video conferencing has been declined and the other order is of 22.1.2014 (Annexure P -16) whereby evidence of the plaintiffs, petitioners herein, has been closed by the lower court.

(3.) IT is claimed that Om Parkash (PW5) who had come for his examination -in -chief but his cross -examination could not be effected on the same day and was postponed is more than 80 years old and having undergone by -pass surgery is not in a position to come for cross -examination and thus, is required to be cross -examined through video conferencing. It is urged that he is an important witness being the plaintiff and thus, without his cross -examination, his statement cannot be read into evidence.