BHAGWAN DAS Vs. FIRM BANWARI LAL-RAM NIWAS

JUDGEMENT

(1.) This is a Revision by the landlords against the order of the Rent Controller, Jind, dated 6th July, 1977 closing his evidence.

(2.) The petitioners have challenged the aforesaid order on the ground that two of his witnesses were examined on 18th February, 1977, and on 3rd June, 1977, four of his witnesses were present in Court who could not be examined that day and the Court adjourned the case for evidence to 6th July, 1977, for which date the witnesses were bound down. Since the witnesses were bound down for 6th July, 1977, nothing was to be done by the petitioner. On 6th July. 1977 the witnesses did not appear inspite of the fact that they were bound down by the order of the Court. Instead of issuing warrants or getting them served again, the trial court proceeded to pass the impugned cryptic order by saying that the petitioner had been given opportunities many a times but no evidence comes forward and that he is wasting time of the Court. I fail to understand what the Court wanted in view of the aforesaid facts. If a witness inspite of service or in spite of being bound down does not appear, it is for the court to get his presence by issuance of warrants but the Court could not take the extreme step of closing the evidence of the petitioners.

(3.) Consequently, I am constrained to allow this revision, set aside the order of the Court below and direct that be shall call the witnesses of the petitioners-landlords who have not been so far examined out of the list already furnished by them. In case the witnesses do not appear in spite of service, then it will be open to the Rent Controller to get their presence by issue of warrants in accordance with law. The parties through their counsel are directed to appear before the Kent Controller- cum-Sub Judge, Jind, on 17th August. 1979, so that the case may proceed in accordance with my aforesaid observations. No order as to costs.