Legal Representative of Deceased Plaintiff -- Examination as Witness -- Interest of Justice -- One Effective Opportunity to be Granted
Where a legal representative of a deceased plaintiff was impleaded at the stage of the defendant's evidence and the plaintiff's evidence had already been closed, the trial court dismissed the application filed by such legal representative seeking permission to examine herself as a witness. However, since valuable legal rights of the petitioner were involved in the suit, it was held that the interest of justice warranted granting one effective opportunity to the petitioner to examine herself as a witness before the trial court. Application allowed -- CPC, 1908 -- Section 151 -- Order 22 Rule 3.
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