Pavittar Singh vs Jaswant Kaur

Jai Singh Sekhon, J.—This revision petition is directed against the order dated 19th January, 1987 passed by the Sub Judge IInd Class, Patiala, closing the evidence of the Defendant on his failure to produce the same despite personal undertaking to do so.

None has appeared on behalf of the Petitioner though this matter was taken up at 12 noon. Mr. A.S. Bakshi has put in appearance on behalf of the Respondents.

I have gone through the record besides hearing Mr. Bakshi. The allegation of the Petitioner that the Revenue Patwari and other witnesses were being summoned by him through the Court is not disputed by the learned Counsel for the Respondents. If that is so, the Defendant-Petitioner was not expected to procedure the personal presence of the Patwari Halqa of his own accord. Under these circumstances the order of the trial Court is certainly against the spirit of law as it was the duty of the court to ensure presence of the official witness. Mr. Bakshi contends that this case is hanging fire for Defendant�s evidence since 15th October, 1985 and that on 6th September, 1985 the Defendant was directed to produce his evidence at is own responsibility.

For the foregoing reasons, while accepting this revision, the impugned order of the trial Court is set aside but it is, however, directed to ensure the presence of the official witnesses and dispose of this matter within four months positively. There is, however, no order as to costs.

A copy of this order be conveyed to the trial Court forthwith.