ARSAL SINGH ETC Vs. JITO, ETC

JUDGEMENT

(1.) This revision petition is directed against the order of the trial Court dated October 17, 1980, whereby the application of the defendant-petitioners for summoning Shri Harbhajan Singh Sodhi, Sub-Registrar, Khem Karan, was disallowed.

(2.) The trial Court declined this prayer of the defendants on the ground that, in fact, the Sub-Registrar who was summoned by the defendant-petitioners appeared in Court day, but was given up by Mr. Faqir Singh as unnecessary. It appears that the learned trial Court did not read the application and decided the same summarily under some misapprehension. It was Shri Krishan Chand, Sub-Registrar, Khem Karan, who was summoned by the defendants and had appeared in the Court, but since he was not the person who had attested the will dated March 28, 1975, he was given up and the application was made that very day that the will was attested by Shri Harbhajan Singh Sodhi, Sub-Registrar, Khem Karan, and, therefore, he be summoned as a witness. Thus, it appears that the trial Court without going through the contents of the application, dismissed the same and has, thus, acted illegally and with material irregularity in the exercise of its jurisdiction. No meaningful argument could be raised on behalf of the respondent to support the order of the trial Court.

(3.) Consequently, this revision petition succeeds and is allowed. The impugned order passed by the trial Court is out side and it is directed that the application of the defendants for summoning Shri Harbhajan Singh Sodhi, Sub-Registrar, Khem Karan, be decided on merits, in accordance with law. The parties through their counsel, have been directed to appear in the trial Court on December 22, 1981.