ANAND KUMAR GOYAL Vs. INDER BHUSHAN TARETIYA

JUDGEMENT

(1.) The petitioner has preferred this miscellaneous petition under Article 227 of the Constitution of India being aggrieved by order dtd. 1/6/2024 passed by Civil Judge Class-I, Karera, District Shivpuri in Civil Suit No.99A/2022, whereby an application under Order 16 Rule 1 read with Sec. 151 of CPC filed by the petitioner/defendant has been dismissed.

(2.) Learned counsel for the petitioner submits that petitioner has requested to call the witness by sending summons because after recording the statement of witness Vijay Narware, matter was adjourned and due to threat given by plaintiff, witness Vijay Narware did not come to the Court, therefore, calling him through summons is quite necessary. The Trial Court has ignored the aforesaid facts. Hence, he prays that the impugned order be set aside and his application may be allowed.

(3.) Counsel for the respondent/plaintiff opposed the prayer and prayed for its rejection by supporting the impugned order passed by the Trial Court.