HARBANS SINGH AND OTHERS Vs. PHANGAN SINGH

JUDGEMENT

(1.) THIS revision is directed against the order of the trial Court declining the oral request to summon Surjit Singh, Document Writer. One of the issues being tried is as to whether the Plaintiff is a money lender When the Plaintiff summoned that witness, the Defendants got issued a notice to him to bring his registers from the year 1980 to 1986. The purpose was to prove certain; entries showing that a large number of debts had been advanced by the Plaintiff to other people as well the witness did not bring the registers and showed his inability to do so no the ground that the same were with some audit party. The Defendants made the request to the Court that cross -examination of the witness may be deferred till he brings those registers surprisingly, that prayer was declined by the trial Court. Thus, there was no option left with the Defendants except to summon the said Document Writer as there own witness. Although initially the Defendants did not summon this witness, but on the very first date fixed for their evidence they had made the request in this regard. The trial Court declined the request on the ground that Surjit Singh had already been examined as a witness and the Defendants could not summon him again. The learned Counsel for the Respondent, however, could not point out any provision of law which debars the Defendant from examining a Document Writer as his own witness to prove some documents, who had been examined by the Plaintiff to prove another document the trial Court, therefore, acted illegally in declining the prayer of the Defendants.

(2.) THIS petition is consequently allowed and the impugned order closing the evidence of the Defendants set aside. However, as the Defendants failed to summon the witness initially, they would be allowed to do so only on payment of Rs. 10 / - as costs.