SAIN DASS Vs. NARAIN SINGH

JUDGEMENT

(1.) This is a plaintiff's revision petition against an order of the learned Subordinate Judge, Dharamsala dismissing his application for permission to examine a witness during the trial of the suit.

(2.) The plaintiff filed a pre-emption suit On April 2, l97'6 the plaintiff examined two witnesses. These witnesses were those Whose names were on the list. Subsequently, on May 28, 1976 the plaintiff applied to the trial court for examining one Chuni Lal, That application was rejected by the learned Subordinate Judge, Dharamsala by his order dated June 5, 1976 on the ground that his name was not included in the list of witnesses filed earlier by the plaintiff. The plaintiff now applies in revision.

(3.) The learned Subordinate Judge relied on Order 16, Rule 1 of the Code of Civil Procedure, which provides: