LAWS(P&H)-2017-5-296

GURNAM KAUR Vs. HARNAM KAUR AND OTHERS

Decided On May 03, 2017
GURNAM KAUR Appellant
V/S
Harnam Kaur And Others Respondents

JUDGEMENT

(1.) Challenge in this petition is to the order dated 9.3.2017 passed by learned Additional Civil Judge (Senior Division), Naraingarh vide which the evidence of the petitioner was closed by order.

(2.) The submissions made by Mrs.RK Manaise, Advocate representing the petitioner have been considered.

(3.) Learned counsel for the petitioner submits that two witnesses of the petitioner had stepped into the witness box and their examination-in-chief had been recorded. Somehow for one reason or the other the cross examination of the witnesses could not be conducted by counsel for the respondents-defendants. On the date fixed i.e. 9.3.2017 the witnesses, who were to be cross-examined were not present and the request of counsel for the petitioner for adjournment was declined by learned trial Court. The evidence of the petitioner was closed by order but the case was adjourned to 7.4.2017 for recording cross-examination of the witnesses already examined as PW1 and PW2. On the date fixed i.e. 7.4.2017, the case was adjourned to 4.5.2017. Learned counsel asserts that apart from cross-examination of the witnesses of the petitioner, the petitioner herself has also not appeared in the witness box so far. In case she is not given a chance to appear as her own witness and reiterate her claim on oath, she will suffer an irreparable loss. To save her from the same, she be given one opportunity to examine herself.