Rajasthan High Court - Jodhpur
Jaswant Singh vs Paramjeet Kaur on 25 January, 2022
Author: Dinesh Mehta
Bench: Dinesh Mehta
(1 of 3) [CW-1309/2022] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1309/2022 Jaswant Singh S/o Shri Major Singh, Aged About 58 Years, By Caste Jat Sikh, Resident Of Chak 8 T.k., Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).
----Petitioner Versus
1. Paramjeet Kaur W/o Shri Darshan Kumar, Aged About 43 Years, By Caste Brahmin, Resident Of Village Ratiya, Tehsil Ratiya, District Fatehabad (Haryana).
2. Kaushlya Devi D/o Shri Mohan Lal, W/o Shri Hemraj,, Aged About 68 Years, By Caste Brahmin, Resident Of Village Bhagu, Tehsil And District Bhatinda (Punjab).
3. Lakhveer Singh @ Lakhvinder Singh S/o Shri Gurmel Singh,, Aged About 42 Years, By Caste Jat Sikh, Resident Of Chak 8 T.k., Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).
4. Sukhvinder Singh S/o Shri Gurmel Singh,, Aged About 39 Years, By Caste Jat Sikh, Resident Of Chak 8 T.k., Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).
----Respondents For Petitioner(s) : Mr. Sandeep Bishnoi through V.C. JUSTICE DINESH MEHTA Order 25/01/2022
1. This writ petition is directed against the order dated 08.10.2021 passed by the Additional District Judge, Raisinghnagar (hereinafter referred to as 'the trial Court'), whereby the trial Court has rejected the petitioner's application under Order XVI Rule 1 & 2 of the Code of Civil Procedure, 1908 (for short, 'the Code') for calling the Patwari of Patwar Halka 5 TK in the witness- box.
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2. The facts relevant for the purpose of present writ petition are that in the year 2013, plaintiffs instituted a civil suit for cancellation of sale-deed by impleading petitioner and respondent Nos.3 & 4 as defendants.
3. The petitioner had admittedly not given name of concerned patwari in the list of witnesses to be called. When the suit was at the stage of defendants' evidence, the petitioner moved an application on 27.08.2021 and prayed that the patwari be called along with the record relating to the mutation entry No.273 dated 03.04.2010.
4. The application of the petitioner has been dismissed by the trial Court, vide its order dated 08.10.2021, inter alia, observing that since patwari's name was not given in the list of witnesses, he cannot be called in the witness-box.
5. Mr. Bishnoi, learned counsel for the petitioner, argued that the petitioner-defendant wanted to establish that the suit filed by the plaintiff was time-barred inasmuch as mutation entry was made on 03.04.2010, whereas the suit came to be filed after expiry of limitation of three years for which it was prayed that concerned patwari along with the relevant record be called.
6. Heard.
7. It may be true that the reason given by the trial Court in the impugned order cannot be correct in all cases and in an appropriate case, the Court can summon a person in witness-box, in exercise of powers under Order XVI Rule 1 & 2 of the Code. But then, it is required of the Court to see that the application is bonafide and ascertain as to whether in the factual backdrop, the person to be called as witness is necessary for deciding the lis pending before it.
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8. If the petitioner wants to establish that the suit in question is barred by limitation, then the documentary evidence in the form of mutation entry is enough. The petitioner could have obtained certified copies of the mutation entry and other documents too substantiate his claim of the suit being time-barred. For the aforesaid cause of the petitioner, requirement for patwari to appear in the witness-box is unnecessary.
9. The impugned order dated 08.10.2021, passed by the trial Court is in conformity with law and no interference is warranted.
6. The writ petition fails.
7. The stay petition also stands dismissed accordingly.
(DINESH MEHTA),J 40-a.asopa/-
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