HIMANSHU SHARMA Vs. KISHORI LAL AND ORS.

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India is directed against the order dated 17.2.2011 whereby the learned Trial Court closed the evidence of the Petitioner and did not accept the prayer that the witness Sh. Bishambar Jhagta be served by issuing proclamation.

(2.) AT the outset, it would be pertinent to mention that earlier the evidence of the Petitioner was also closed and the Petitioner filed a petition seeking permission to examine the Local Commissioner only and this petition was allowed by this Court in the following terms:

(3.) ON the other hand, Sh. Neeraj Gupta, learned Counsel for the Respondents submits that the record shows that dasti summons were handed over to the Petitioner on 6.1.2011 and as per the report of the Process Server dated 16.1.2011, three attempts were made on 16.1.2011 itself to serve the witness whereas the case was fixed for 17.2.2011. Sh. Gupta urges that no steps were taken between 6.1.2011 to 16.1.2011 to serve the witness.