RAKESH KUMAR Vs. KARAM CHAND GARG

JUDGEMENT

(1.) (ORAL) Present petition is filed challenging the order dated 8.5.2010 passed by learned Additional Civil Judge (Sr. Division), Kaithal, whereby application moved by the plaintiff ? petitioner herein to permit him to summon the UHVBN, patwari and Halka Kanongo was rejected.

(2.) Learned trial Court has rejected the application on the ground that applicant/plaintiff has availed as many as five last opportunities and has not even deposited expenses for summoning of these witnesses. It was further observed by the learned trial Court that there is no explanation as to why an expense was not deposited within fortnight of framing of issues.

(3.) From the perusal of record, I find that necessity to examine UHVBN, patwari and Halka Kanongo arose to prove the fact, as to whether property in dispute is situated within Village Fatehpur or is situated within the municipal limit.