DAGADU LAXMAN PAWAR Vs. BALWANTRAO NAMDEO PAWAR

JUDGEMENT

(1.) THE petitioner filed Regular Civil Suit No.358/79 in the Court of Civil Judge (Junior Division),sangamner. In the said suit, he had claimed for specific performance for contract of sale of suit land as against defendant nos. 1

(2.) THE plaintiff examined himself. THE agreement for sale was registered document and accordingly plaintiff gave deposition in examination in chief. THE plaintiff thereafter filed application Exhibit 12 before the trial court contending that the witnesses who were present at the time of agreement for sale, namely, Ramchandra and Rajaram, both are dead. THE scribe of the document is also dead and the sub-registrar before whom the document was registered is also dead. Defendant no. 1 also had died during the pendency of the suit. THE son of defendant no. 1 was the only person available to prove the document who had acted as attesting witness on the said document. So, plaintiff be given permission to examine defendant no. 2 as witness and witness summons be issued to defendant on.2.2. THE learned Civil Judge, by his order dated 7-12-1991 rejected that application. Hence, the present revision.

(3.) HERE, the learned Civil Judge has given sufficient reasons as to why he is rejecting that application. The learned Counsel for the respondents original defendants, has also pointed out that the actual execution of the document is not denied by the defendants. But the nature of the document is denied. The contents of the document are proved by the plaintiff through his evidence and he can prove those contents even by some other mode. If defendant no. 2 had acted as an attesting witness, then he cannot be a witness with respect to contents of the document and he would be witness only with respect to execution of the document which is already admitted and, in such circumstances, the application is not properly framed and filed by the petitioner.