RAJINDER SINGH Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) Plaintiff-Rajinder Singh has invoked the jurisdiction of this Court under Article 227 of the Constitution of India to impugn order dated 30.10.2010 Annexure P-1 passed by learned Civil Judge (Junior Division), Hissar thereby declining request of the Plaintiff-Petitioner for deposit of diet money to summon some witnesses through the Court. Learned trial Court has observed in the impugned order that issues in the case were framed on 04.08.2010 and the Plaintiff was directed to file process fee and diet money within 15 days, failing which no assistance of the Court will be provided. Since Plaintiff Petitioner moved application Annexure P-3 for deposit of diet money on 30.10.2010, the same was dismissed by the trial Court on the ground that the application was moved at belated stage i.e. beyond the period stipulated in order dated -2 04.08.2010 when issues were framed.

(2.) I have heard learned Counsel for the Petitioner and perused the case file.

(3.) Learned Counsel for the Petitioner contended that order dated 04.08.2010 was not in the notice of the Petitioner and, therefore, he could not deposit the diet money within the stipulated period of 15 days. This contention has to be rejected because copy of order dated 04.08.2010 as shown by counsel for the Petitioner himself reveals that the said order was passed in the presence of counsel for the Plaintiff-Petitioner.