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VIVEK RUSIA
Samta Sanghi – Appellant
Versus
V. G. Siddharth – Respondent
Vivek Rusia, J.
With the consent of parties, petition is heard finally.
2. Plaintiff/petitioner has filed the present petition being aggrieved by the order dated 30.03.2016 by which plaintiff has been directed to file an affidavit under Order 18, Rule 4 CPC as evidence in chief and thereafter file an affidavit of other witnesses.
3. Plaintiff filed a suit against the defendant for eviction and arrears of rent. After filing written statement issues were framed. Plaintiff filed an affidavit under Order 18, Rule 4 CPC of her husband as PW/1. On filing the said affidavit the defendant raised an objection that the husband of the plaintiff is having no power of attorney or not authorised by the plaintiff to adduce evidence on her behalf and if she is not keeping good health her statement can be recorded by way of commission. The said objection was taken by way of application under Section 151 CPC. The said application was replied by the plaintiff submitting that all the documents filed in the plaint were executed by her husband and she has given consent to appear as witness and prayed for rejection of the application. Learned trial Court vide order dated 30.03.2016 upheld the obje
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