NIRMLA DEVI Vs. METRO INDUSTRIES

JUDGEMENT

(1.) By way of instant petition, petitioners have assailed order dtd. 28/4/2022, passed by learned Civil Judge, Paonta Sahib, in CMA No. 82 of 2022, whereby the prayer of the petitioners to lead additional evidence has been rejected by the learned Commissioner.

(2.) Learned Commissioner, while holding proceedings under the Workmen Compensation Act is in the process of deciding an application for condonation of delay in filing the claim petition on behalf of the petitioners on account of death of late Sh. Mohan Lal.

(3.) After hearing of the arguments by learned Commissioner, an application came to be moved on behalf of the petitioners under Sec. 151 CPC for additional evidence. By way of such application, a prayer has been made to examine petitioner No.1 and two other witnesses Babu Ram and Jai Dev. It is submitted in the application that though the aforesaid witnesses were present but could not be examined. The reason for examination of Babu Ram and Jai Dev as witnesses, as per petitioners, is that they had remained throughout with the deceased Mohan Lal during the period of his hospitalization after the alleged accident.