Chandan Singh Kang (Deceased) vs Gurdial Singh and Others

Gokal Chand Mital, J.—In July, 1985 issues were framed and 22nd August, 1985 was the first date for evidence. On that date no evidence was recorded and the case was adjourned to 14th September, 1985 for Plaintiff''s evidence. In the meantime the general Attorney of the Plaintiff, who was conducting the case and was to appear as a witness on behalf of the Plaintiff fell ill and was admitted in the Hospital on 7th September, 1985 where she was operated upon on 9th September, 1985 for the suspected cancer. She was discharged on 28th September, 1985 and was advised two months'' rest. In view of the confinement of the attorney of the Plaintiff in the hospital her statement could not be recorded on 14th September, 1985 and the case was adjourned to 5th October, 1985. On this date also the attorney could not appear as she was still convalescing on bed and the case was adjourned to 18th October, 1985. On this date again the attorney could not appear and the Plaintiff''s evidence was closed under Order 17 Rule 3 C.P.C However, the Plaintiff was permitted to tender documents in evidence which were per se admissible. This is Plaintiffs revision against the aforesaid order:

After considering the matter 1 am of the view that it was the attorney of the Plaintiff who was to first make the statement but she could not make as she was operated upon and was confined to bed till the date the evidence was closed and she was advised bed rest for another five weeks The Court below should not have been so harsh on the peculiar facts of this case in closing the evidence.

For the reasons recorded above, this revision is allowed and after setting aside the order of the Court below dated 18th October, 1985, a direction is issued to it to permit the Plaintiff to lead evidence. The Plaintiff or his attorney will appear make statement and it would be her responsibility to bring all the non-official witnesses for evidence. For producing of official witnesses only, the assistance of the Court would be provided for service of summons on the non-official witnesses also the assistance of the Court for issuing of summons can be obtained but for producing them it shall be the Plaintiff or his attorney''s duty.

The parties through their counsel are directed to appear in the trial Court on 22.2.1988.