SURJI Vs. DAYA RAM

JUDGEMENT

(1.) The present petition has been filed by Smt. Surji in a suit pending since 1989 before the trial Court. This petition arises out of an application filed under Section 151 of the Code of the Civil Procedure by the Plaintiff-petitioner, praying that Sh. Yatinder Kumar, Advocate, who had already been examined as a witness of the plaintiff, should not be allowed to be re-examined as a witness of the defendants now as the sole purpose was to fill up the lacuna in their case.

(2.) This application was contested by the defendants respondents on the ground that Sh. Yatinder Kumar Advocate, who had been examined as a witness earlier, had not stated that he had drawn up the written statement and in view of the order of this Court passed in Civil Revision No. 2686 of 1994, a direction has been issued that the specimen hand writing of Sh. Yatinder Kumar, be taken and the report of the Handwriting Expert be obtained so that it could be ascertained as to who had drawn up that pleading. The trial Court as already indicated, disallowed the application. Hence, this petition.

(3.) The learned counsel for the petitioner has argued that Sh. Yatinder Kumar Advocate was examined as a witness for the plaintiff way back on 7th September, 1993 and there was therefore no occasion for the respondent-defendants to resummon him.