Punjab-Haryana High Court
Pardeep Kumar vs Suresh Kumar And Others on 6 September, 2013
Author: Paramjeet Singh
Bench: Paramjeet Singh
CR No.5393 of 2013 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.R. No. 5393 of 2013 (O&M)
Date of Decision: September 06, 2013
Pardeep Kumar
... Petitioner
Versus
Suresh Kumar and others
... Respondents
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present: Mr. Sandeep Goyal, Advocate,
for the petitioner.
***
Paramjeet Singh, J. (Oral)
Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 17.05.2013 (Annexure P/4) passed by learned Civil Judge (Junior Division) Kaithal, whereby application filed by the plaintiffs for summoning the witnesses has been dismissed.
Heard.
Learned counsel for the petitioner contends that there was a fault on the part of the plaintiffs and their counsel as inadvertently list of witnesses to be examined by the plaintiffs was not filed. However on 16.05.2013, the counsel for the petitioner/plaintiff moved an application Kumar Virender 2013.09.09 17:51 I attest to the accuracy and integrity of this document CR No.5393 of 2013 (O&M) 2 for summoning the witnesses and prayer was made to allow the plaintiffs to deposit the requisite diet money etc., but the same has been rejected by the learned trial Court. Learned counsel further contends that the witnesses are official witnesses and are to be summoned from different places, so the assistance of the Court for summoning the witnesses is necessary. In these circumstances, learned counsel prays that he may be permitted to take the assistance of the Court after deposit of due expenses which may be assessed by the trial Court. Learned counsel further contends that the plaintiffs have moved the application at the initial stage that they will summon the witnesses at their own risk and responsibilities.
In view of the facts and circumstances of this case, this Court deems it fit and appropriate that since the witnesses are official witnesses, one is draftsman and the other is Record Keeper, A.V.R.K., D.C. Office, Kaithal, they can only be summoned through process of the Court and their presence can be procured with the assistance of the Court. Their evidence is necessary for just decision of the case. The approach of the trial Court for not summoning the witnesses is hyper-technical.
Once the petitioner undertakes that he will summon the witnesses on his own risk and responsibility, this Court deems it fit and proper that instant petition be disposed of without notice to the respondents with a view to avoid delay and expenses in view of the nature of the order.
In view of this, present revision petition is disposed of with a direction to the trial Court that application for summoning the witnesses Kumar Virender 2013.09.09 17:51 I attest to the accuracy and integrity of this document CR No.5393 of 2013 (O&M) 3 be accepted and diet money and other expenses be assessed and be got deposited from the plaintiffs in accordance with law and thereafter, the petitioner may be given dasti notices for effecting service upon the witnesses to appear in Court. The petitioner will do so at his own risk and responsibility immediately.
September 06, 2013 [ Paramjeet Singh ]
vkd Judge
Kumar Virender
2013.09.09 17:51
I attest to the accuracy and
integrity of this document