HARBILAS BALDEV RAJ Vs. MAINI BROTHERS

JUDGEMENT

(1.) This revision petition is directed against an order, dated 7th November, 1972, of the Subordinate Judge 1st Class, Pathankot, by which he summoned Birinder Singh, a partner of the plaintiff-firm, as a Court-witness. Some material facts may be noted.

(2.) The parties are firms dealing in timber at Pathankot. The plaintiff-firm instituted a suit for the recovery of Rs. 2329.74, principal, Rs. 722.36, interest, total Rs. 3052.10, against the defendant-firm, alleging that the latter had purchased timber from them in respect of which bill No. 212, dated 20th December, 1967, for Rs. 5561.95 and Bill No. 244 dated 12th August, 1968, for Rs. 1267.79 (total Rs. 6829.74) were sent by them to the defendants, out of which the latter paid Rs. 4500/- vide cheque Nos. 705763 and 705794. Thus, Rs. 2329.74 remain outstanding against defendant-firm. Along with the plaint the plaintiff filed a copy of the said Bill No. 212.

(3.) The defendants in the written statement did not deny the purchase of timber from the plaintiffs, but averred that the plaintiffs had billed them at excessive rates. The defendants returned that bill with their objection to the plaintiff-firm. Thereupon, Birinder Singh, a partner of the plaintiff-firm, corrected and scaled down the rate, in red ink, and initialled those corrections, with the result that the amount of the bill was reduced from Rs. 5561.95 to Rs. 4470.05.