Mohinder Kaur Braich vs Naseeb Kaur Bassi and Others

Alok Singh, J.—Present petition is filed assailing the order dated 28.04.2010 passed by the learned Additional Civil Judge (Senior Division), Ludhiana, whereby the evidence of the plaintiff - petitioner was closed. Undisputedly, plaintiff is a resident of United States of America. Learned Counsel for the petitioner states that plaintiff - petitioner was suffering from Swine Flue, hence, she was not permitted by the U.S.A. authorities to undertake air travel. Hence, the petitioner was unable to come to the Court to India to produce the evidence.

Learned Counsel for the petitioner states that entire evidence shall be produced by the plaintiff - petitioner on such date, as fixed by this Court.

Mr. Parminder Singh, learned Counsel, appearing on behalf of respondent Nos. 1, 4 to 6 and Mr. Sham Lal Bhalla, learned Counsel, appearing on behalf of respondent Nos. 15 and 16 opposed the prayer of the plaintiff and argued that learned Trial Court has granted sufficient time to the petitioner - plaintiff, hence, there is no need to grant further time.

Keeping in mind that petitioner was settled in U.S.A. and was suffering from Swine Flue, hence, was unable to undertake air travel, I direct that the petitioner - plaintiff shall produce the entire evidence before the learned Trial Court on the next date fixed by the learned Trial Court. I am informed by both the Learned Counsel that the case is listed for 07.09.2010 before the learned Trial Court. Learned Trial Court shall be at liberty to take evidence of the plaintiff on the next date fixed by it and will complete the same on day-to-day basis or on such dates as fixed by the learned Trial Court. Plaintiff - petitioner shall pay costs at the rate of Rs. 1000/- each to the 18 defendants (contesting the suit) on or before the next date fixed by the learned Trial Court for the purpose of evidence of the plaintiff. The learned Trial Court shall fix the date for evidence after three weeks from 07.09.2010. Before the next date fixed by the learned Trial Court, plaintiff - petitioner shall submit affidavits of all the witnesses and shall produce witnesses for the cross-examination on the date fixed by the learned Trial Court.

Petition shall stand disposed of accordingly.

Copy of the order be given to the Learned Counsel for the petitioner under the signatures of the Reader of this Court.