ROSHAN SINGH Vs. V. CHIRANJILAL

JUDGEMENT

(1.) THIS is a revision petition from an order of the Civil Judge Second Class, Ambah abating the applicant's right to the issue of summonses to his witnesses on the ground that the applicant had failed to accompany the process -server for the service of the summonses on the witnesses and directing the applicant to produce his witnesses in the Court on the next day of hearing ftrid to pav Rs. 4/ - as adjournment costs to the non -applicant.

(2.) THE order of the trial Court is clearly illegal and in utter disregard of Order 16, Rule 1. I have had occasion to point out in - Pahalwan Singh v. Mahadevi Civil Revision No. 148 of 1951, that there is no provision in the Code of Civil Procedure casting an obligation on the parties to accompany the process -server for having the summonses served on their witnesses. It is the duty of the process -server to serve the summonses and if he fails to do so, parties cannot be punished for his negligence. In the present case the summonses had been issued to the applicant's witnesses and the process -server returned them unserved with the remark that the applicant did not accompany him for effecting the service. In these circumstances, the trial Court was not justified in giving any adjournment costs to the non -applicant and directing the applicant to bring his witnesses with him on the next date of hearing.

(3.) I must observe that the revision petition No. 148 of 1951 was also from an order of the Civil Judge Second Class, Ambah and it appears to me that the learned Civil Judge has disregarded altogether the decision of this Court in that revision petition and passed the illegal order which is now under revision. The learned Civil Judge is warned that in future such flagrant disregard of the decision of this Court will not be lightly overlooked by this Court.