BIRHAM PARKASH ROHTASH Vs. ILAQA MAGISTRATE

JUDGEMENT

(1.) This petition is directed against the orders of the Prescribed Authority under the Punjab Gram Panchayat Act for hearing the election petition, dated 7th June, 1980, vide which, be has allowed the prayer of the Respondent to summon the same witness for the third time for production of record. On his earlier two appearances before the Prescribed Authority, the witness, who is a clerk of the Government High School, Manesar, Tehsil and District Gurgaon, stated that there was no record available in the School, showing the date of birth of the Petitioner. In the third application for summoning the witness made to the Prescribed Authority, a prayer made was that in case, the date of birth was not found in the record of the School, the election petition would be withdrawn.

(2.) The Petitioner is contesting the impugned order on the ground that it amounts to misuse of the process of law in summoning the same witness over and over again. There is on provision in law under which, the same witness can be repeatedly called for production of the same document at the instance of a party. Learned Counsel for the Respondents wants to take shelter of Rule 17 of Order XVIII of the Code of Civil Procedure. That provision in our view, is not attracted for application, as it does not give any right to the party for asking the court to summon the same witness over and over again.

(3.) As the order of the Prescribed Authority is not supported by any provision of law, nor is it justified, the petition is accepted and the impugned order is quashed. The Respondent No. 2 may examine any other such witnesses which he may like, if permitted by law, even for proving the school record on which, he is presently reliving. The parties should appear before the Prescribed Authority on the 30th day of October, 1980.