Iqbal Singh vs Narinder Nath

T.P.S. Mann, J.—The defendant has filed the present revision under Article 227 of the Constitution of India in order to challenge the order passed by the Additional Civil Judge (Senior Division), Moga on 27.8.2012 whereby his evidence was closed by Court order. A perusal of the order under challenge would reveal that after the defendant-petitioner had examined himself as DW1, his remaining evidence was not present. One Sohan Singh, to whom the defendant was to examine, had gone abroad. Noticing that the defendant had already availed of 17 effective opportunities for his evidence, further ajournment was found to be not warranted. Accordingly, the evidence of the defendant was closed.

Learned Counsel for the petitioner has submitted that the petitioner has to examine only Sohan Singh in respect of his case. Said Sohan Singh could not be produced before the trial Court on 27.8.2012 as he had gone abroad. Said Sohan Singh is likely to return to India in the middle of October, 2012. Said Sohan Singh is a material evidence being marginal witness of the pronote and receipt. If the petitioner is not able to produce him, irreparable damage would be caused to him. As it was on account of the absence of Sohan Singh from India that he could not be produced by the petitioner, the prayer has been made for granting one more opportunity to the petitioner for examining said Sohan Singh in support of his case.

Without going into the plea taken by counsel for the petitioner but taking into consideration the fact that Sohan Singh, to whom the petitioner wanted to examine in support of his evidence, had gone abroad and this fact was duly noticed by the trial Court while passing the impugned order, this Court is of the view that ends of justice would be best met if the petitioner is granted one more opportunity to examine aforementioned Sohan Singh. Resultantly, the revision is disposed of by granting one more opportunity to the defendant-petitioner to produce Sohan Singh for recording his testimony in support of the plea of the petitioner, subject to the payment of Rs. 5,000/- as costs. It shall, however, be the responsibility of the defendant to produce Sohan Singh before the trial Court on the date fixed. It may, however, be mentioned that trial Court shall fix the date for production and recording the statement of Sohan Singh in the last week of October, 2012.