BIR SINGH Vs. BACHAN SINGH

JUDGEMENT

(1.) THIS revision has been directed against an order dated February 14, 1986 passed by the Additional Senior Sub-Judge, Jagraon dismissing an application under Section 114 of the Code of Civil Procedure whereby review of the order/judgment dated August 12, 1985 vide which the suit of the petitioner was dismissed, was sought.

(2.) THE petitioner filed a suit for recovery of Rs. 6,800/- against the Respondent. An ex parte decree was passed in his favour on November 16, 1984. The Respondent, however, appeared before the Civil Court and on his application, the ex parte decree was set aside. The case was contested, issues were framed and the petitioner/plaintiff concluded his evidence on July 24, 1985. The case was thereafter listed for evidence of the Respondent/defendant on August 9, 1985. It appears that on the aforementioned date, the petitioner/plaintiff volunteered before the Court that in case the Respondent/Defendant swears in Gurdwara Sahib at village Halwara that he never borrowed the amount from the Petitioner/Plaintiff, then his suit may be dismissed as withdrawn. The Respondent/Defendant also volunteered to make a statement in Gurdwara Sahib that he had not taken the amount from the Petitioner/Plaintiff against the pronote in dispute and that if his oath is proved false, God may throw him in the hell and if he did not take the oath, the suit of the Petitioner/Plaintiff be decreed. It further appears that in view of the statements made by both the parties, Rajender Singh, Reader of the Court was appointed as Local Commissioner to administer the oath to the Respondent/Defendant in Gurdwara Sahib at village Halwara on August 10, 1985. The Respondent/Defendant took the oath in the afore-mentioned Gurdwara stating that he had not taken the amount in dispute from the Petitioner/Plaintiff nor had he executed the pronote in dispute. Thereafter, the suit was dismissed as withdrawn on August 12, 1985. In the application seeking review of the afore- mentioned order, it was, however, submitted that the oath taken by the Respondent/Defendant did not correspond to the oath which he was bound to take in terms of the statement made in the Court. Therefore, the order dated August 12, 1985 dismissing the suit as withdrawn was passed erroneously and was liable to be reviewed/recalled. The Respondent/Defendant appeared and filed written reply with a preliminary objection that the Petitioner/Plaintiff has no locus standi to file the application. In reply on merits, it was averred that, firstly the Petitioner/Plaintiff was asked to take oath in the Gurdwara Sahib but he refused to do so and then offer was made to the Respondent/Defendant who accepted the offer and took the oath in Gurdwara Sahib in the presence of the local Commissioner appointed by the Court as well as other persons. The Respondent/Defendant took the oath and uttered the same words as was administered to him by the local Commissioner of the Court and that the suit was dismissed on August 12, 1985 in view of the report of the local Commissioner and no objection was raised by the Petitioner/Plaintiff or his counsel at that time.

(3.) I have heard Shri V.G. Dogra, learned counsel for the Petitioner/Plaintiff and Ms. Monika Goel, learned Counsel for the Respondent/Defendant and have perused the pleadings.