ABDUL GAFFAR KHAN KHOKHAR Vs. MOHAMMED RAZA

JUDGEMENT

(1.) This Petition has been filed under Article 227 of the Constitution of India being aggrieved by the order dtd. 15/12/2022 passed by the Additional District Judge, Pendra Road in Civil Suit No.7-A/2016 whereby, the application filed by the Petitioner/Plaintiff for recalling the Notary Advocate BL Yadav (PW-13) to prove the notary register, was disallowed.

(2.) Brief facts of the case are that the Petitioner/Plaintiff has filed a suit for specific performance of the agreement of sale against the Respondent before the Court below in which, the Notary Advocate Shri BL Yadav was examined as PW-3 on 8/12/2022. On the same day, as the said notary Advocate could not bring the relevant register in which the entry of agreement of sale was attested as the same was not traceable, therefore, the entry could not be proved and copy thereof was filed during his evidence. Later on, the witness informed the Counsel for the Petitioner that his register has been traced, therefore, the Petitioner/Plaintiff has filed an application on 13/12/2022 to recall the witness to prove the entry of attestation of agreement of sale, which was dismissed by the order impugned. Hence this Petition.

(3.) Shri Ansari, learned Senior Advocate for the Petitioner submits that the order impugned is not sustainable and to meet the ends of justice, the said witness is required to be recalled and therefore, prays to allow the Petition by providing him an opportunity to prove the relevant register by recalling the said witness i.e. Notary Advocate BL Yadav (PW-3).