Order No.3                       Date:25/04/2023    

Ld. Advocate for the complainant / petitioner is present.

Ld. Advocate for the opposite party nos.1 and 2 is also present.

The Misc. Application dated 27/01/2023 is taken up for hearing.

Perused. Considered.

Heard Ld. Advocate for the complainant  / petitioner as well as Ld. Advocate for the opposite party nos.1 and 2.

It appears from the record that no written objection has been filed by the opposite party nos.1 and 2.

Ld. Advocate for the opposite party nos.1 and 2 raised objection against the prayer of the complainant / petitioner.

The complainant / petitioner by filing a Misc. Application prays for leave to adduce further evidence on affidavit.

It has been stated that earlier the complainant /petitioner has been filed evidence on affidavit in CC/239/2021 stating to treat the complaint application and documents filed at the time of filing of the case as her evidence.

Therefore, additional affidavit in chief is required to file for proper adjudication of the case. Otherwise the complainant / petitioner will suffer irreparable loss and injury.

On perusal of the record of CC/239/2021 we find that the complainant by filing an affidavit prayed for treating her pleading and photo copies of the documents as her evidence, which is not permissible in law.

It is astonishing to note that though there was  evidence on record on the part of the complainant, the opposite parties filed questionnaire to which the complainant filed affidavit in reply.

It is apparently on the face of the record that the complainant engaged an Advocate on her behalf for legal assistance but affidavit in chief filed by her through Advocate has no legal basis.

In our considered view the complainant should not  suffer for the error made by her Counsel. The complainant should be given opportunity by way of filing further evidence in this case for proper adjudication dispute between the parties. It would not be prudent to shut down the evidence of the parties to a case while adjudicating the dispute between the parties.

Therefore, the Misc. Application dated 27/01/2023 is allowed on contest.

The complainant is allowed to submit further affidavit in chief in CC/239/2021.

Thus, the Misc. Case is disposed of on contest.