HIRA NAND Vs. CHOTTEY LAL

JUDGEMENT

(1.) This revision petition under Sec. 115 of the Code of Civil Procedure has been filed to assail the order dtd. 4/10/2021 passed by the learned Civil Judge, Court No.7, Shimla, H.P. in CMA No.241/2018 in C.S. No.109-1 of 2014, whereby the application of the petitioner herein under Order 16 Rule 1(3) read with Sec. 151 of the Code of Civil Procedure (for short "CPC") has been dismissed.

(2.) Petitioner herein is defendant before the learned trial Court in C.S. No.109-1 of 2014. An application under Order 16 Rule 1 (3) read with Sec. 151 CPC came to be filed by the petitioner/defendant with a prayer to allow the witnesses to be summoned as per the list attached. The reason assigned in the application for invoking jurisdiction under Order 16 Rule 1(3) CPC was that due to inadvertence list of witnesses could not be filed and hence the petitioner/defendant intended to summon the witnesses detailed in the list attached. The list of witnesses attached by the petitioner/defendant included the name of the counsel representing the plaintiff in the case. It was stated that the counsel for the plaintiff had given reply to a legal notice sent to the plaintiff by the defendant, therefore, the examination of counsel for the plaintiff was required.

(3.) I have heard learned counsel for the parties and have also gone through the records of the case carefully.