S THAKAR SINGH Vs. KARRIERS FINANCE PRIVATE LIMITED

JUDGEMENT

(1.) This Civil Revision petition was filed by Thakar Singh and another against the order of Shri V. S. Aggarwal, Subordinate Judge, 1st Class, Delhi, dated 23rd August, 1968, in an application under Order 26, Rule 4 of the Code of Civil Procedure in suit No 82 of 1963, on his file.

(2.) . The respondent herein (plaintiff), M/s. Karriers Finance, filed the above mentioned suit against the petitioners herein on 15th February, 1967. An ex parte decree was passed against the petitioners herein on 27th April, 1967. On an application by the petitioners (defendant), the ex porte decree was set aside on 21st December, 1967 on the condition of the petitioners (defendants) paying certain costs, and the suit was adjourned to 8th January, 1968 for the payment of the aforesaid costs. The costs were duly paid by the petitioners (defendants) and the petitioners filed theit written statement on 23rd January, 1968. Issues were framed on 24th February, 1968. The case was posted on 18th April. 1968 for recording the evidence of both the parties. On that date, the respondant (plaintiff) examined one of his witnesses, and the case was adjourned to 6th June, 1968 for recording the remaining evidence of the respondent (plaintiff) and the evidence of the petitioners (defendants). On 6th June, 1968, the respondent (plaintiff) adduced all his evidence and closed his evidence. As the petitioners (defendants) did not summon their witnesses for that date, the Court adjourned the case to 4th September, 1968 on the condition of payment of costs by the petitioners (defendants) to the respondent (plaintiff). The costs were duly paid. The Court was closed for summer vacation on 14th June, 1968, and it was re-opened on 15th July, 1968.

(3.) . On 6th August. 1968, the petitioners (defendants) filed an application under Order 26, Rule 4 read with Order 16, Rule 19 of the Code of Civil Procedure, praying for the examination of seven witnesses of the petitioners (defendants) at Srinagar, Kashmir, on commission by interrogatories, as the said witnesses reside in Srinagar, which is outside the jurisdiction of the trial Court and beyond 200 miles, and could not, therefore, be summoned. The application was opposed by the respondent (plaintiff), who contended that the application was filed only to delay the suit and make the respondent (plaintiff) incur expenses, that the petitioners (defendants) did not even summon their witness on 6th June, 1968, and that the application filed before the date to which the case was adjourned for evidence was not in good faith.