INDUR KARTAR CHHUGANI Vs. PRIYA SUNIL DUTT

JUDGEMENT

(1.) Heard the Petitioner appearing in?person and the learned Counsel appearing for the Respondent. This order disposes of the prayer made by the Petitioner for permission to examine two witnesses.

(2.) The Petitioner has already examined himself and the 2nd witness Dr. Mrs. Ashwini Joshi in the list of witnesses. The learned ounsel appearing for the Respondent states that by filing an affidavit, the Respondent has raised an objection to examining the witness No. 3 - Mr. Mahendra Warbhuvan and the witness No. 6 - Mrs. Rekha I. Chhugani ( wife of the Petitioner). He has invited the attention of the Court to the 2 EP.1.09 affidavit dated 4th September, 2010. He pointed out that the objection is on the ground that when the evidence of the Petitioner appearing in? person was recorded on 20th April, 2010, witness No. 6 - Mrs. Rekha I. Chhugani was present in the Court. He also pointed out that the 3rd witness - Mr. Mahendra Warbhuvan was admittedly present in the Court when the evidence of the Petitioner was recorded.

(3.) On the last date when the matter was argued, the learned Counsel appearing for the Respondent placed reliance on a decision of the learned Single Judge of the Allahabad High Court in the case of Lalmani v. Bejai Ram Chaudhari and Anr.,1938 AIR(All) 840 . He submitted that as the witnesses were present when the evidence of the Petitioner was being recorded, this is the fit case where this Court should exercise powers under Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the said Code") by not allowing the said witnesses to be examined. Today, the leaned counsel appearing for the Respondent pointed out that the decision of the learned Single Judge of the Allahabad High Court is no longer a good law in view of the decision of the Division Bench of the Allahabad High Court in the case of Subh Karan Singh and Ors. v. Kedar Nath Tewari and Ors., 1941 AIR(All) 314). He has also placed reliance on a decision of this Court in the case of Lloyd Sequeira Vaz and Anr. v. Inacio Albano Lourenco and others decided on 23 rd 3 EP.1.09 February, 2007 in Writ Petition No. 48 of 2007.