MEHAK @ SILKI Vs. AJAY SINGH

JUDGEMENT

(1.) Present petition under Article 227 of the Constitution of India for setting aside order dated 29.07.2015 passed by Additional District Judge, Amritsar whereby application filed by the present petitioner for nonexamination of witnesses, namely, Rajesh Kumar, Clerk from the office of Commissioner of Police [PW-7] and HC Rajinder Kumar [PW-6] was dismissed.

(2.) Relevant facts for the decision of this petition; that a petition under Section 13 of Hindu Marriage Act, 1955 was pending before the Court below and the case was at Petitioner's evidence stage. On 29.07.2015, when the case was fixed for petitioner's evidence, present petitioner moved an application for non-examination of PW-7 Rajesh Kumar, Clerk from the office of Commissioner of Police [PW-7] and HC Rajinder Kumar [PW-6], taking the plea that the witnesses are not required to be examined because Rajesh Kumar was examined earlier as PW-1.

(3.) Learned counsel for the petitioner submitted that Rajesh Kumar was earlier examined and he was duly cross-examined before the Court below and he was summoned again which is legally not permissible and the Court below has passed the order, which is not in accordance with law and the same be set-aside.