SARDAR GIAN SINGH ATWAL Vs. S.N. TIWARI

JUDGEMENT

(1.) WHAT has been called in question in this petition is the wholly untenable order of the Rent Controller, Hoshiarpur, discharging a witness without recoding his evidence, on the ground that be, was "reluctant to take oath inspite of repeated demands made to him by counsel".

(2.) ACCORDING to the case, as set out in the petition, the witness Chanan Singh, Sarpanch, of Gram Panchayat Doot Kalan in District Hoshiarpur belonged to the Communist Party. He did not believe in Religion and could not, therefore, swear in the name of Religion. He was however. it is stated, prepared to make a statement as witness on solemn affirmation in the form prescribed under the Oaths Act, 1969 (hereinafter referred to as 'the Act'). It was the contention of Mr. Suresh Amba, counsel for the petitioner that the Rent Controller was in error in requiring the witness to take the oath in the form "Main Jo Kuch Kahunga, Dharam Nal Sach Kahunga".

(3.) IN other words the form of the oath or affirmation that a witness is required to make is not necessarily confined to those given in the Schedule. It can, in teams of the proviso. be in a different term common to the class of persons to which the witness belongs.