TIKAM DASS AND OTHERS Vs. PRITAM SINGH

JUDGEMENT

(1.) On an application filed by the defendant to examine the plaintiffs as his witnesses the Court passed the impugned order granting his prayer. This order is challenged on the ground that the Court had no jurisdiction to force any person to attend as a witness which is not covered by the provisions of order 16. Rule 19 Civil Procedure Code. Admittedly the plaintiffs are not residing within 500 Kilometers of the seat of the Court nor there is any air -link between their place of residence, and city of Jullundur where the court is situate. The impugned order is, therefore, wholly without Jurisdiction and has to be set aside. The trial Court, however may now look into the alternative prayer of the defendant for examination of the plaintiffs on commission and pass an appropriate order. The parties, through their counsel, have been directed to appear in the trial Court on January 15, 1982, the date already fixed there. No costs.