ASHOK YADAV Vs. SUNIL KUMAR

JUDGEMENT

(1.) The petitioner is aggrieved of the order dated 26.10.2016 passed by learned Additional Civil Judge (Senior Division), Chandigarh vide which his evidence was closed by court order.

(2.) The submissions made by Mr. Kanwal Goyal, learned counsel for the petitioner have been considered.

(3.) Learned counsel for the petitioner submits that by virtue of the impugned order although learned trial Court had allowed examination of the witness of the petitioner present in the Court on the relevant day by appointing a Court Commissioner, but simultaneously the evidence of the petitioner was closed by order. The petitioner by filing an application and depositing the required diet money and process fee etc. had summoned Clerk from the Chandigarh Police Cooperative Housing Society, Sector 51- D, Chandigarh who had received the summon for the date fixed i.e. 26.10.2016 but instead of appearing before the Court on the date fixed had given a note on the summon that the concerned record was not available with him and was available with the Registrar, Cooperative Societies, U.T. Chandigarh. The petitioner had summoned the witness under the belief that the record was available with the Office of Chandigarh Police Cooperative Housing Society but as per the report it was available with another office. The witness though was served but he did not opt to appear before the Court. Learned counsel asserted that the record summoned was necessary for proper and complete adjudication of the case but the petitioner was given no opportunity to summon the same from the concerned office.