HARBLAS Vs. KRISHAN DEVI

JUDGEMENT

(1.) THIS Revision Petition seeks to impugn the order passed by the trial Court, as per which it rejected the prayer mode on behalf of the petitioner for the examination of two witnesses. The sole ground for refusing this prayer, as mentioned in the impugned order is that on the earlier date the counsel for the petitioner had indicated that he would examine some other witnesses. However, that could not be a lawful ground for refusing to examine the witnesses which the petitioner was desirous of producing, especially when they were present in Court. The purpose of law is to do justice between the parties and not to deprive proper opportunity to any of them, to prosecute the case, when there is not even a suggestion that there was any intention on the part of the petitioner to delay the proceedings. On the other hand as stated by the learned counsel for the petitioner, the date in which the impugned order was passed, was only a second date of hearing in the case.

(2.) IN these circumstances, the Revision Petition is allowed and the order passed by the trial Court on September 25, 1980, is set aside. The trial Court shall permit the petitioner to examine the witnesses which were required to be produced by the petitioner on the date of the order and were present in Court on that date.

(3.) THE parties, through their counsel have been directed to appear before the trial Court for further proceedings on January 25, 1982. Revision petition allowed.