ABHIMANYU DAS Vs. DHOBANI DAS

JUDGEMENT

(1.) In this writ petition, the petitioner being the defendant no.1 in Title Suit No.729 of 2001 of the court of Civil Judge (Junior Division), First Court, Cuttack assails the order dated 12.08.2013 rejecting the application to issue warrant for the attendance of D.W.No.2- Biswaranjan Sahoo.

(2.) The facts of the case leading to filing of the writ petition are that the defendant-writ petitioner examined himself and then examined another witness namely Biswaranjan Sahoo as D.W.No.2. He tendered evidence affidavit and was cross-examined in part and the case was posted to another day for further cross-examination of that witness. The aforesaid witness in spite of approaches made by the defendant did not turn up to the court for further cross-examination, on the other hand, he expresses that unless summons were issued from the trial court to him he would not attend the trial court.

(3.) In the aforesaid circumstances, the defendant has filed an application on 25.07.2013 praying therein for procuring attendance of said D.W.2 before the trial court either by issue of warrant of arrest or otherwise at the expenses of the defendant. The plaintiffs have filed their objection to such petition on 28.06.2013. It is further stated that Sri P.K.Biswal, Advocate, who was engaged for defending the suit on behalf of the defendants, unexpectedly expired and the case was handled by his Junior Associate Sri M.R.Tripathy. It is further stated that because of lack of experience to handle civil cases, on 24.06.2013 the defendants engaged Mr. G.C.Das, Advocate and Vakalatnama was filed on that date. On 26.06.2013, a petition was filed by the defendant through his newly appointed Advocate praying for procuring attendance of D.W.2, who tendered his evidence affidavit and examined in chief and was cross-examined in part, but did not turn up before the court for further cross-examination either by issuing warrant or otherwise.