HARNEK LAL Vs. ONKAR SINGH

JUDGEMENT

(1.) This petition is directed against the order of the trial Court dated 6th January, 1988, whereby the plaintiffs for recalling Smt. Sheela (plaintiff No. 5) has been dismissed.

(2.) At the time of her examination, sale-deed 4th June, 1986, alleged to have been executed in favour of the defendants was exhibited as P-1 whereas according to the plaintiffs it was the sale-deed dated 9th July, 1986 executed in favour of the plaintiffs to be exhibited as P-1, and, therefore it necessitated recalling the said witness. The trial Court dismissed the application primarily on the ground that "Even if Sheela is allowed to be re-examined, the document already exhibited as Ex. P-1 shall remain as it is. From the perusal of statement of Sheela it would appear that her re-examination in Court to get exhibited this document will neither improve plaintiffs' case nor it will be in the furtherance of justice as she is an illiterate lady and cannot recognise her thumb impression, whatsoever statement is recorded, shall have to be read as it is."

(3.) After hearing learned counsel for the parties it will be in the interest of justice if Smt. Sheela is recalled in order to enable the plaintiffs to get the sale-deed dated 9th July, exhibited, as the whole statement made by her in the court earlier is to that effect which fact is also borne out from the impugned order. The petition is disposed of accordingly.