KRISHNA KUMAR NAYAR Vs. DADU RAM

JUDGEMENT

(1.) The Petitioner has challenged the order dtd. 18/10/2022 passed by the learned Civil Judge, Class-1, Korba in Civil Suit No. 13-A/2018 whereby, the application filed by the Petitioner/Plaintiff under Order 16 Rule 3 CPC for summoning the Sub-Registrar, Korba as a witness to prove the registered agreement to sale executed on 20/10/2009, has been dismissed.

(2.) Ms. Trivedi, learned Counsel for the Petitioner submits that the Sub-Registrar is an important witness whose evidence is of much relevance for the proper and fair adjudication of the case but the Petitioner is deprived of the opportunity of adducing the said witness. She further submits that the attesting witnesses have stated differently before the Court below, therefore, the statement of the Sub-Registrar, Korba is necessary, so, she prays to allow the Petition and quash the order impugned.

(3.) Heard learned Counsel for the Petitioner and perused the documents annexed with the Petition.