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SCS NO.1334/2019
OrderExh. 80
ORDER BELOW EXH.80 IN SCS NO.1334/2019
[ Savita Bharadwaj vs. Dr. Rujuta Bharadwaj & Ors. ]
CNR NO.: MHPU020058012019
1. The defendants have filed present application for reopening of
the evidence. The application is opposed by the plaintiff by reply Exh.81.
2. Heard the learned advocates appearing on behalf of both sides.
The matter was closed for final hearing. After commencement of final
hearing by the defendants, the defendants have moved the present
application. The defendants want to examine husband of the plaintiff. The
defendants have submitted that inadvertently they have closed the
evidence, but the husband of the plaintiff is left to be examined. The
plaintiff has opposed the application on the ground that already the
defendants Advocate has completed the final argument of the suit. The
defendants have not filed list of witnesses. So, the defendants cannot be
permitted to examine the witness. But the witness which the defendants
are intending to examine is attesting witness to Indemnity bond Exh.78.
The said document is very important document for determination of the
controversy involved in the suit. So, it is just and proper to permit the
defendants to examine the witness as prayed. The plaintiff would not cause
any prejudice, if the defendants are permitted to examine the said witness.
Hence, the defendants are permitted to examine the husband of the
plaintiff. Accordingly, the application is allowed.
Digitally signed by
KAMAL MOHANLAL
JAISINGANI
Date: 2023.03.27
17:19:13 +0530
///////
I affirm that the contents of this P.D.F file judgment/Order are same, word to
word, as per the original judgment/Order.
Name of the Stenographer Mrs. J.S. Tembre,
Name of the Court Mr. K.M. Jaisingani, 9th Jt. C.J.S.D., Pune.
Date of Judgment 27/03/2023
Judgment signed by the P.O on 27/03/2023
Judgment uploaded on 27/03/2023
3 SCS NO.1334/2019
OrderExh. 80