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2017 Supreme(P&H) 2244

RITU BAHRI
Harminder Kaur Brar – Appellant
Versus
Jasminder Seth – Respondent


Advocates:
For the Petitioner:Mr. Malkit Singh Jandiala, Advocate.

JUDGMENT

Mrs. Ritu Bahri, J.:- Challenge in this petition is to the order dated 19.07.2017 passed by the Additional Civil Judge (Senior Division), U.T., Chandigarh, whereby application filed by defendant No.1-Harminder Kaur Brar (petitioner herein) for permission to examine her by way of video conferencing, has been dismissed.

2. A perusal of the impugned order shows that the application has been dismissed on the ground that there was no medical evidence on the record, on the basis of which, it could be held that she was unable to come and depose as a witness for the purpose of cross-examination.

3. Learned counsel for the petitioner submits that petitioner (defendant No.1) is suffering from several diseases, which have been detailed in her application (Annexure P-2). Due to this reason, she is unable to travel from Bhopal to Chandigarh for the purpose of cross-examination.

4. Heard.

5. A Co-ordinate Bench of this Court in Sat Pal Dhawan and another Vs. Davinder Singh Aulakh and others, 2017 (1) PLR 166, had granted permission to examine a witness through video conferencing, as the said witness was a heart patient and was residing in USA. While allowing the petition, it has been obs



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