KARTAR SINGH Vs. HARI SINGH AND ORS.

JUDGEMENT

(1.) THE Petitioner Kartar Singh is one of the Defendants in a suit brought by Hari Singh, Respondent as far back as 13th September, 1965, for recovery of Rs. 16,500 on account of arrears of rent and in the alternative for damages for use and occupation of the property situate in Amritsar. On 28th December, 1967, he applied for issue of commission to examine Faqir Chand, who was stated to be residing at Indore as his witness. His prayer having been accepted, he put in interrogatories for the examination of the witness appending the note: "Other questions at the spot". The Plaintiff objected to the various questions as well as this note. The learned Subordinate Judge, First Class, Amritsar, while finding that the questions framed for the examination of the witness by the Defendant were in order, however, directed that the note "Other questions at the spot" be deleted. It is against this latter part of the order that the Defendant Kartar Singh has approached this Court for revision under Section 115 of the Code of Civil Procedure read with Article 227 of the Constitution.

(2.) MR . K. L. Kapur, appearing for the Petitioner, has urged that the learned Subordinate Judge had no jurisdiction to delete the above note to the interrogatories whereby the Petitioner had reserved his right to put further questions other than those specified in the interrogatories filed by him, to his witness Faqir Chand, at the time of his examination on commission. In this connection, he points out that in form 7 contained in Appendix H of Schedule 1 to the Code of Civil Procedure for examination of witnesses on commission, it is stated:

(3.) IN this view of the matter, the learned Chief Justice, while accepting the revision petition, made the following order: