DURGA PRASAD JAIN Vs. NEW RAJDHANI CHBS LTD

JUDGEMENT

(1.) IMPUGNED order is dated 03.04.2012. The application filed by the plaintiff/petitioner seeking a prayer to summon certain witnesses on behalf of the plaintiff had been declined. Admittedly this application had been filed at the time of hearing of final arguments. The plaintiff has fairly conceded that the witnesses whom he proposes to summon and details of which find mention at page 16 of the paper book were all witnesses which he could have summoned at the time when the petitioner evidence was closed but even on a specific query put to him, he has no answer as to why they were not summoned at that stage. His vehement submission is that on 12.01.2010 the application seeking summoning of the aforenoted witnesses had been withdrawn by him as the Court had noted that this application is not required at the said stage and the matter was thereafter fixed for the evidence of the defendant. From this order dated 12.01.2010, it is clear that the petitioner/plaintiff had given up his right to call these witnesses and that is why he had withdraw the application seeking permission of the Court to summon the witnesses; the matter was accordingly listed for the defendant evidence. Defendant evidence now stands closed. Matter was fixed for final arguments at the time when the present application was filed. Stage of summoning of the witnesses was long since over. No justifiable explanation has been rendered by the plaintiff as to why and in what circumstances these witnesses are now required to be summoned when on an earlier date he has already given up his right to summon these witnesses by withdrawing the aforenoted application on 12.01.2010. This petition is an abuse of the process of the Court and wastage of its precious time. Petition is dismissed with costs of Rs.10,000/-.