RAMDEO PRASAD Vs. STATE

JUDGEMENT

(1.) This is an application in revision against an order dismissing an appeal which was preferred against an order imposing a fine of Rs. 10/- under the provisions of Order 16, Rule 12, Civil P. C. The applicant was a witness in a case which was pending before the Munsif of Basti. He was served with a summons to appear as a witness on 25-2-1946. He did not appear on that date. The defendant whose witness he was, examined part of his evidence and' then applied for adjournment of the case because the applicant and another witness were not present on that date. The case was accordingly adjourned by the Court for the next date, i.e. 26-24946, and it was also ordered that these two witnesses should show cause for their absence on that date and as to why they should not be dealt with under Order 16, Rule 12, Civil P. C. No proclamation as mentioned in Rule 10 (2) or a warrant or an order for attachment as provided in Sub-rule (3) of Rule 10 were issued, as the defendant himself undertook to produce the witness on the next date. On 26 2-1946, the applicant put in appearance and his evidence was recorded in the case, presumably because, it was material for the decision of the case. He also filed an application against the notice issued to him and gave certain reasons for his absence in Court on the previous date. The learned Munsif did not accept the explanation tendered by the applicant and fined him Rs. 10/-. The applicant appealed against this order to the lower appellate Court. The lower appellate Court was equally dissatisfied with the explanation and upheld the order of the Munsif.

(2.) In this application for revision, it has been strongly contended before us that the Munsif had no jurisdiction to impose a sentence of fine without going through the procedure provided in Sub-rules (2) and (3) of Rule 10 of Order 16, Civil P. C.

(3.) The power to impose a fine is vested in the civil Court by virtue of Section 32, Civil P. C. In order to compel the attendance of any person to whom the summons has been issued, the Court may : (a) issue a warrant for his arrest; (b) attach and sell his property ; (c) impose a fine upon him not exceeding five hundred rupees; and (d) order him to furnish security for his appearance and in default commit him to the civil prison. Rules 10 to 12 of Order 16 prescribe the manner of the exercise of the power conferred by Section 32.