PUNJAB NATIONAL BANK Vs. SWARAJ KUMAR

JUDGEMENT

(1.) This revision petition seeks to challenge the order dated 22/9/1998 passed by the Civil Judge (Jr. Division) Ludhiana.

(2.) In a suit filed by Swaraj Kumar for correction of his date of birth from 7.1.1937 as indicated in the service record to 3.7.1939 on the basis of some certificate obtained by him on 1.10.1994 from Secretary Law Department, Ministry of Law, Civil Secretariat, Jammu. The defendant-bank with a view to assail the authenticity of the document had wanted to summon a Clerk from the office of Registrar Births and Death, Municipal Committee Jammu with record pertaining to the registers of the relevant time, presumably with a view to know which language was being used in the State of Jammu and Kashmir at that time for maintaining official records and also a Clerk from the office of Law Department, Ministry of Law, Civil Secretariat, Jammu with a copy of the Act, prevailing in Jammu and Kashmir State in the year 1936 in respect of the registration of Births and Deaths. Admittedly, efforts were made by the Court for securing the presence of these witnesses which did not meet with any success with the results that the Court had to resort to issuance of warrants of arrest for securing the presence of these witnesses. These warrants were issued for about 11 dates and were not being received back served or unserved with the result that on 22.9.1998, the Court instead of issuing fresh warrants of arrest had directed the counsel for the petitioner to produce certified copy of the Act, on his own.

(3.) Aggrieved by this withdrawal of the assistance of the Court for securing the presence of official witnesses, the bank has filed the present petition.