BEERO DEVI Vs. BIHARI LAL AND ORS.

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 26.10.2013 passed by the Civil Judge, Junior Division, Court No. 2, Dehra, District Kangra.

(2.) "Key facts" necessary for the adjudication of this petition are that respondent -plaintiff (hereinafter referred to as the "plaintiff" for convenience sake) filed a suit against the petitioner -defendant and other defendants in the court of Civil Judge (Junior Division), Court No. 2, Dehra. Petitioner has filed the written statement. Plaintiff led his evidence. Thereafter, defendant was granted an opportunity to lead her evidence. Evidence of the defendant was closed on 21.2.2013. Defendant filed Civil Revision No. 68 of 2013 against the order dated 21.2.2013. Revision Petition was allowed by this Court on 8.4.2013. Order dated 21.2.2013 was set aside. Direction was issued to the petitioner to appear before the learned trial court on 24.4.2013 and take further steps, if any, for summoning her witnesses mentioned in the application dated 18.2.2013, for a date to be fixed by the trial court. In addition to summons, Dasti summons were also made available to the petitioner on usual terms for taking effective steps to serve them to avoid delay in disposing of the case. Defendant was directed to file P.F. within three days by the trial court and defendant's witnesses were ordered to be summoned for 8.5.2013 vide order dated 27.4.2013. Dasti summons were also ordered to be issued. On 8.5.2013, Presiding Officer was transferred. Matter was ordered to be put up for proper order on 28.5.2013. On 28.5.2013, learned trial court observed that despite order dated 27.4.2013; no steps were taken by the petitioner. Petitioner was granted last opportunity to produce her evidence on self responsibility on 19.6.2013. She was granted liberty to apply for Dasti summons on usual terms. It was also made clear vide order dated 28.5.2013 that on the next date, her evidence shall be recorded only when cost of Rs. 5,000/ - is paid. On 19.6.2013, learned Presiding Officer was on training. Matter came up before the trial court on 24.7.2013 and the matter was ordered to be listed on 17.9.2013. Steps were ordered to be taken within 15 days. Last chance was given to the petitioner. On 17.9.2013, statements of three DWs, including petitioner, was recorded. Matter was ordered to be listed on 25.10.2013. On 25.10.2013 (wrongly mentioned as 26.10.2013) two DWs were present. They explained to the court that they have not brought the requisitioned record. DW Dilip Chand, Sub Divisional Kanungo, explained that the record, which was requisitioned, was not available in the Tehsil Office. He was served in the capacity of employee of the office of S.D.M., Dehra. The number of mutation was also wrongly stated. Sh. Harnam Singh, Secretary, Gram Panchayat, deposed that the record requisitioned from his office was not available as the payments of the house tax have been made to another Gram Panchayat, which was carved out from this Gram Panchayat in the year 1984. DWs Dilip Chand and Harnam Singh were discharged.

(3.) LEARNED Single Judge of Punjab and Haryana High Court in Joint Hindu Family Bhagwan Dass, Bagirath Lal vs. Ram Payara alias Piare Lal and another,, 1973 PLJ 553 has held that when the party has committed several defaults and was granted the last opportunity to produce witnesses himself was not entitled to further aid of court in summoning witnesses. Learned Single Judge has held as under: