KRISHANA Vs. VIMAL CHOPRA

JUDGEMENT

(1.) Petitioner Smt. Krishana is aggrieved by the order dated 16-12-1991 passed by Rent Controller, Shimla whereby her application under Section 151, Code of Civil Procedure for recalling her to appear as her own witness, has been dismissed.

(2.) The background in which the Petitioner had filed the above said application is, that on the petition filed by Respondent landlady Smt. Vimal Chopra, an eviction order dated 20-8-1988 was passed against the Petitioner, ex parte. She moved an application dated 6-5-1989 for setting aside the ex parte, which is being resisted by the Respondent-landlady. The Rent Controller, Shimla has framed issues thereon and recorded evidence adduced by the parties. The Petitioner appeared as her own witness as OBW-2. Her examination-in-chief was recorded on 8-3-1991 and thereafter on 5-4-1991 she was put to cross-examination During her statement in cross-examination documents Ex R-1 to R-4 were put to her and she was asked whether signatures thereon were her's or not. She replied in negative.

(3.) Ex. R-1 is an affidavit accompanying the stay application filed along with the application under Order 9, Rule 13, Code of Civil Procedure where as. Ex R-2 is the power of attorney given by the Petitioner in favour of her counsel appearing on her behalf in the said application. Similarly, Ex. R-3 is an affidavit which was filed in support of application under Order 9, Rule 13, Code of Civil Procedure and Ex. R-4 is a copy of special power of attorney executed by the Petitioner in favour of Shri Gauri Dutt, who appeared as OBW-1, for pursuing application under Order 9, Rule 13, Code of Civil Procedure on her behalf.