Girija Devi v. Govind

1. Petitioner is plaintiff before the learned Trial Court and seeks one last and final opportunity to lead evidence.

2. The suit in question was filed way back in the year 2015 and the learned Trial Court has closed evidence vide order dated 15.11.2022 while also observing that the case was at the stage of plaintiff’s evidence since the year 2015.

3. Admittedly, plaintiff-Ms. Girija Devi though filed affidavit before the learned Trial Court for the purposes of examination-in-chief, when the matter was taken up by the learned Trial Court on 27.07.2022, she was permitted to file fresh evidence-affidavit and her previous affidavit was directed to be taken off the record. CM(M) 587/2025 2

4. During course of the arguments, Ms. Aditi Gupta, learned Legal Aid Counsel. submits that plaintiff seeks only one opportunity to furnish fresh affidavit and to examine herself.

5. Petitioner is also present in Court and, submits that she would not examine any other witness and would not file any fresh document either.

6. Learned counsel for the respondent appears on advance notice and submits that, though, the order in question does not call for any interference, he would have no objection if limited opportunity to the abovesaid effect is granted to the plaintiff/petitioner.

7. The next date before the learned Trial Court is 22.07.2025.

8. The petition is, accordingly, disposed of with the direction that on 22.07.2025, petitioner would appear before the learned Trial Court with her affidavit. Advance copy of such affidavit would, however, be supplied to Mr. Tomar, learned counsel for the defendant so that he can come prepared same day itself for the purposes of cross-examination.

9. Learned Trial Court would permit such examination of plaintiff and thereafter would proceed further with the matter in accordance with law.

10. Petition stands disposed of in aforesaid terms.

JUDGE JULY 11, 2025/ss/pb