KISHAN CHAND Vs. SMT. NIRMALA DEVI

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated August 19, 1974, by which the learned trial Court refused to grant an opportunity to examine Sheela Devi on the ground that the petitioner failed to produce her in the Court. The only contention of the Learned Counsel for the petitioner is that the petitioner got a summons served on Sheela Devi for August 19, 1974 and inspite of service she did not appear to give statement in the case. He says that he was not at fault in case the witness did not appear. He further submits that the Court should not have disallowed the adjournment as service of the witness had been effected. 1 find force in contention of the Learned Counsel for the petitioner. No doubt, it is true that the petitioner had made a statement on the previous hearing i.e. on May 18, 1974, that he would produce the witness on his own responsibility. In the circumstances of present case, service of witness will amount to the compliance of the aforesaid undertaking. In case, she had not appeared, the trial Court should have issued warrants against her. In any case, it should not have closed the evidence of the petitioner.

(2.) FOR the reasons recorded above, I accept the revision petition and direct the trial Court to issue summons warrants in its discretion for procuring her presence in the Court in accordance with law. As the respondent is not represented by counsel, therefore, 1 make no order as to costs. The petitioner is directed to appear in the trial Court on October 6, 1975.