Usha Rani vs Punnu Ram Khurana and Others

Rajan Gupta, J.—Present revision petition is directed against the order passed by trial court whereby application of petitioner under Order 18 Rule 17 read with section 151 CPC for recalling defendants'' witness namely Phool Singh who earlier stepped into witness box has been dismissed. Learned counsel for the petitioner has assailed the order. According to him, subsequent information including a letter received under the Right to Information Act revealed that Phool Singh was not a Namberdar of the village at the relevant time. Thus, he had wrongly attested the release-deed by affixing his seal. He contends that trial court has erred in rejecting the application for recalling the said witness as he had to be confronted with evidence which came to knowledge of the petitioner subsequently.

I have heard learned counsel for the petitioner.

Plaintiff-petitioner filed a suit for declaration that she was owner in possession of suit land measuring 53 kanals 6 marlas situated in village Kabrel, Tehsil Adampur, District Hisar and release-deed dated 28.02.2002 registered in the office of Sub Registrar, Adampur, District Hisar and mutations sanctioned pursuant thereto were illegal and result of fraud. During the pendency of suit, a witness namely Phool Singh appeared as DW 3. He deposed that he had attested the release-deed in question. Only grievance of the petitioner is that Phool Singh was not Namberdar of the village Kabrel at the relevant time. A perusal of impugned order shows that trial court has already observed that Phool Singh was an attesting witness in individual capacity. It also found that signatures of said witness are shown in the release-deed as Namberdar but same were in individual capacity. It appears that said witness was also cross-examined by the petitioner. In view of observation of the court below, there is no ground to interfere in revisional jurisdiction. Learned counsel for the petitioner has not been able to show that there was any necessity for the court to recall the said witness by invoking its power under Order 18 Rule 17 CPC. Revision petition is, thus, without any merit and is hereby dismissed. Petitioner shall, however, be at liberty to raise all the pleas at the stage of final arguments.