D.R. Puri vs Kamlesh Sawhney and Others

Sat Pal, J.

(1) This is an application filed on behalf of defendants u/s 151 read with Order Xvi, Rule I -A of the CPC and in this application it has been prayed that the applicants be permitted to examine one Shri Tilak Raj Kassal as their witness, but whose name inadvertently was not included in the list of witnesses filed on behalf of the defendants. Notice of this application was given to the plaintiff and the plaintiff in his reply has opposed this application. Thereafter a rejoinder has also been filed on behalf of the applicants.

(2) Mr. Garg, learned Counsel appearing on behalf of the applicants drew my attention to paras 2 and 3 of the written statement on merits and submitted that in these paragraphs it has clearly been averred that the defendants came into contact with each other through Shri Tilak Raj Kassal, the property dealer. He, Therefore, contended that the said witness was very much relevant for the adjudication of the dispute between the parties and the defendants should be permitted to examine this witness. Learned Counsel, however, submits that he will produce this witness at his own responsibility before the local Commissioner, who has already been appointed in this case to examine the witnesses. In support of his contention, learned Counsel placed reliance on a judgment of the Supreme Court in the case of Mange Ram Vs. Brij Mohan and Others, .

(3) Ms. Chandra, learned Counsel appearing on behalf of the plaintiff submitted that the present application has been filed with a view to delay the proceedings.

(4) After hearing learned Counsel for the parties and having perused the records ,I am of the view that the defendants have to be given the opportunity to examine this witness as this witness is very much relevant for adjudication of the dispute between the parties, but subject to payment of costs. Accordingly, the application is allowed subject to payment of costs of Rs. 500.00 and the defendants are directed to produce this witness before the local Commissioner on the date fixed by him at their own responsibility. With this order, the application stands disposed of.