Rup Chand Bansal and othres vs Dhala Ram and another

O. Chinnappa Reddy, J.—This revision is directed against the order of the learned Subordinate Judge 1st Class, Patiala, refusing to give the Plaintiff an opportunity to examine his witnesses. The Learned Counsel states that the witness whom he wants to examine is an official witness, who cannot be brought to Court by the plaintiff. He can only be brought to Court by summons being issued to him. Summons were served upon him and he made an endorsement that the date to which the suit was fixed was not convenient and that he may be allowed to give evidence on another date. The Learned Counsel for the respondent urges that previously several opportunities were given to the petitioner and, therefore, the lower Court was justified in refusing further opportunity. A perusal of the order sheet shows that some opportunities were in fact given to the plaintiff to take Dasti summons and produce his witness. It is further seen from the order sheet that the plaintiff was throughout representing that Harish Chander was an official witness and that he may be summoned through Court. I think that the ends of justice will be met if one last opportunity is given to the petitioner to summon Harish Chander and examine him. The order of the lower Court is, therefore, set aside and the lower Court is directed to give one last opportunity to the plaintiff to examine Harish Chander as his witness by taking out summons. The petitioner will pay a sum of Rs. 100/- towards costs to the respondent.