C.R.No.6932 of 2008 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.R.No.6932 of 2008
Date of decision : 16.12.2008
Central Bank of India & anr.
...Petitioners
Versus
Smt. Upma
......Respondent
CORAM : HON'BLE MR. JUSTICE MAHESH GROVER
.....
Present : Mr. Baljinder Singh, Advocate
for the petitioners.
MAHESH GROVER, J.(Oral)
The petitioners who are the defendants have impugned the
order dated 21.10.2008 by which the application moved by them
under the provisions of Section 151 C.P.C. to prevent the respondent
being examined as her own witness was declined.
The plea taken up was that the suit had been filed by the
General Power of Attorney on behalf of the respondent and since he
had already testified by filing an affidavit, the respondent, who was
the plaintiff, could not be examined as a witness.
It was contended by the learned counsel for the
petitioners that the only reason for the plaintiff to get herself
examined as a witness is to delay the proceedings.
After hearing the learned counsel for the petitioners, I am
of the view that no such material has been brought to the notice of
this Court from which it can be inferred that the proceedings are
being unnecessarily delayed. In any eventuality the respondent-
C.R.No.6932 of 2008 -2-
plaintiff is well within her right to depose before the Court in support
of her claim.
No ground to interfere.
Dismissed.
16.12.2008 (MAHESH GROVER)
JUDGE
dss