DWARKA PRASAD Vs. MST RAJKUNWAR BAI

JUDGEMENT

(1.) This is a revision by the defendant applicant directed against the order dated 22-7-1975 in Civil Suit No. 86-A/68 by the Fourth Civil Jugde, Class II, Gwalior.

(2.) The undisputed facts leading to the present revision are these: The applicant paid the process fee for summoning his witnesses for 22-7-1975. The summons of all the witnesses except those of Babulal and Peerchand were returned unserved. Witnesses Babulal and Peerchand did not appear on the date despite service. The trial court vide the impugned order, ordered for issuing bailable warrant of Rs. 500 each against all the witnesses including those whose summons had returned unserved. Hence, this revision petition.

(3.) The contention raised by the learned counsel for the applicant was that the court has no jurisdiction to issue a coercive process against witnesses except under the conditions mentioned in Order 16, Rule 10 of the Code of Civil Procedure (hereinafter referred to as the Code). In the instant case, no coercive process could be issued against the witnesses Ravikant, Kailashchand, Ram Prakash s/o Phool Chand, Ramprakash s/o Asharam, Vimalchand s/o Premchand and Ramprasad (name stated as recorded in this court order sheet dated 29-7-1975) whose summons had returned unserved. His argument was that the trial court having acted in violation of the provisions contained in Order 16, Rule 10 of the Code, has assumed a jurisdiction which was not vested in it. He relied on a decision of this court in Shah Laxmichand v. Rup Singh (1967 MPLJ (SN) 70). The learned counsel for the non-applicant, combating the contention of the learned counsel for the applicant, contended that the applicant has no locus standi to file the present revision petition inasmuch as the aggrieved parties are the witnesses against whom the warrants have been ordered to be issued and that the suit out of which the revision arises toeing a suit for ejectment, in order to drag on the suit the witnesses are not being got served by the applicant purposefully.