SMT. USHA BERRY Vs. T.S. DUGGAL

JUDGEMENT

(1.) The present civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dtd. 7/11/2025 (Annexure P-6), passed by the learned Civil Judge (Junior Division), Ambala, whereby the application moved for examination of the petitioner-Smt. Usha Berry was dismissed.

(2.) Learned counsel for the petitioner submits that the petitioner had filed an application seeking her examination being one of the legal representative of plaintiff, who is a material witness, being closely connected with the subject-matter of the suit. However, the learned trial Court dismissed the said application on the grounds that the petitioner was impleaded as LR at the stage of defendants' evidence; the plaintiff's evidence had already been closed by counsel on 18/5/2018; the application was neither supported by an affidavit nor signed by the applicant; no reason for her examination was mentioned; and the case, being old and part of the action plan cases list, could not be reopened at such a belated stage. Learned counsel submits that after the petitioner was impleaded as LR on 14/7/2025, it came to light that the original plaintiff could not be examined due to his death. Thus, for proper adjudication of the matter and in view of the valuable rights involved, it is necessary to examine the petitioner, and one effective opportunity may be granted.

(3.) I have heard learned counsel for the petitioner and perused the paper book.