USHA RANI Vs. SARBATI DEVI

JUDGEMENT

(1.) Petitioner, who is a respondent in an application for grant of Succession Certificate which is pending for 25.4.2009 before the Civil Judge (Junior Division), Chandigarh, has challenged the order dated 7.3.2009 whereby his evidence was closed by an order.

(2.) IT is the case of the petitioner that the petitioner wants to examine herself, her daughter Monica and one official witness from the office of Regional Passport Officer, Chandigarh in support of her case.

(3.) IT is again the case of the petitioner that she and her daughter could not be present on 7.3.2009 for their examination because of noting down a wrong date and thus in these circumstances, it was prayed that the impugned order be set aside and the petitioner be allowed to lead her evidence. On the other hand, learned counsel for the respondent has supported the impugned order. I have heard learned counsel for the parties. I deem it appropriate to grant one more opportunity to the petitioner Usha Rani to examine herself and her daughter Monica on the date fixed before the trial Court. If the petitioner and her daughter Monica are present and offer themselves for examination on 25.4.2009, their evidence shall be recorded. I also deem it appropriate that petitioner be also granted one more opportunity to examine the official witness from the office of Regional Passport Officer, Chandigarh as per para No. 1 of the application (Annexure P-1) on 25.4.2009. The trial Court shall fix the date for examination of the aforesaid witness and will give the necessary court assistance to the petitioner to serve the aforesaid official witnesses. However, it will be the responsibility of the petitioner to serve the witness from the office of Regional Passport Officer by way of dasti process. It is also made clear that upon service of the aforesaid official witness, he shall be examined by the trial Court without any further adjournment in the case. With the aforesaid observations, this revision petition is disposed of. Petiton disposed of.