LAWS(P&H)-2007-7-81

JEETO @ SMT. MANJIT KAUR Vs. UNION OF INDIA

Decided On July 17, 2007
Jeeto @ Smt. Manjit Kaur Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS revision petition has been filed to challenge the order dated 6.11.2006 passed by the Additional Civil Judge (Sr. Divn.), Gurdaspur, vide which the application moved by the petitioner under Order 18, Rule 17-A read with Section 151 of the Code of Civil Procedure for adducing additional evidence has been ordered to be dismissed.

(2.) THE petitioner filed a suit for declaration to the effect that she was legally wedded to late Shri Wazir Singh and being legal heir of the deceased was entitled to medical pension of her late husband. A prayer was made for mandatory injunction for transfer of pension of the petitioner's husband in the name of the petitioner and interest @ 12% per annum was also claimed. Further injunction was prayed restraining defendant No. 4 not to release pension to any one else except the petitioner.

(3.) THE application was contested on the plea that the application had been moved to delay the proceedings. The averments made on merit were denied to be false. It was also claimed that the said evidence was not essential for the adjudication of the case.