SHAM LAL SHARMA Vs. VINOD KUMAR

JUDGEMENT

(1.) THIS Revision petition arises out of an order, dated January 4, 198s sustaining the objection of the plaintiff that Deep Chand Saini, Sub-Divisional Officer, Punjab State Electricity Board cannot be examined as a witness because his name does not figure in the list of witnesses given by the defendant. He was summoned in routine on depositing the diet money etc. It was further observed that this witness was required to prove the tampering of the record with respect to an application for the electric connection where the consent of the petitioner had been interpolated.

(2.) THE reasons recorded by the trial Court for declining to examine the evidence of the defendant are not convincing especially when the defendant had not closed his evidence as yet. Even if the name of the witness was not shown in the list of witnesses declining to examine him after having been summoned and appeared is an extreme step in the proceedings. Costs would have been the panacea for the negligence which would have met the ends of justice. A witness even if not summoned but present in Court, can be examined in the interest of justice Rules of procedure are meant to do substantial justice and not to throttle the same. Courts are required to give fair chance to the parties to lead their evidence and not to decline to examine the witness unless the witness is unnecessary or his examination would amount to abase of the process of Court or some such other substantial reason is there. Not giving the name of the witness in the list of witnesses by itself is not a sufficient ground to decline to examine the witness. It is in case of mala fides or an attempt to abuse the process of the Court or to delay the proceedings, or such other reasons that the Court may refuse to examine a witness. There is no averment of this nature on the record.

(3.) IN view of the observations made above, the impugned order is set aside The petitioner will be at liberty to examine Deep Chand Saini, Sub Divisional Officer, Punjab State Electricity Board, subject to the condition that the service will be effected at his own risk and responsibility to summon the relevant record. The Revision Petition is disposed of.