INDER SINGH Vs. RANGILA RAM RAO

JUDGEMENT

(1.) This application under Section 151 of the Code of Civil Procedure (hereafter referred to as the Code) has been filed by the Petitioner for condonation of delay in filing the list of witnesses in Election Petition No. 4 of 2003 within the period allowed by this Court and the period as specified under Order 16 Rule 1 of the Code.

(2.) Brief facts leading to the filing of the present application are that in the aforesaid Election Petition, which is pending disposal in this Court, issues were framed on 22.9.2003 and the petition was ordered to be listed for recording evidence of the Petitioner on 5th and 6th November, 2003. It was also ordered that list of witnesses, process fee etc. be filed within two weeks and the Petitioner would ensure presence of the witnesses on the dates fixed. The Petitioner, however, failed to file the list of witnesses etc. as per the orders of the Court, hence, this application.

(3.) Case of the Petitioner for condoning the delay in filing the list of witnesses, as made out in the application, is that he. was out of station and could not be contacted by his counsel well in time which resulted in non-filing of the list of witnesses within the stipulated period as directed by this Court. The list was filed in the Registry on 14.10.2003 which was returned to the counsel for the Petitioner with the objection that it has not been filed within the stipulated time. It is claimed that non-filing of the list of witnesses was neither intentional nor wilful but because of the aforesaid reason, therefore, it is prayed that the delay in filing the list of witnesses may be condoned in the interest of justice.