GURBAKSH SINGH Vs. L JAI DEV

JUDGEMENT

(1.) ON 31 -8 -1979 the defendant was directed to produce his evidence and the case was posted for hearing on 10 -10 -1979. On that date, the defendant did not either produce his witnesses nor even summoned them. The court gave a final opportunity for the production of the evidence by him and posted the case for hearing on 24 -11 -1979. Meanwhile the defendant filed a list of his witnesses, the witnesses were even summoned but on 20 -11 -1979 when the case came up for the hearing before the learned Judge, he noticed that the witnesses had been summoned without getting any orders from him. He therefore, directed that the witnesses need not be summoned again and asked the defendant to produce all the witnesses on the next date of hearing

(2.) AS rightly argued by the learned counsel for the defendant -petitioner, once the list of witnesses had been entertained and the witnesses had even been summoned the defendant could not reasonably believe that this concession will be withdrawn subsequently. In the circumstances, the direction of the court below asking the defendant to produce his witnesses on his own responsibility was not justified. If the list of witnesses had not been shown to the learned Judge, the fault lay with the office & not with the defendant. Action should have been taken against the defaulter and not against the defendant. However, learned counsel for the defendant states that the defendant would be prepared to produce the witnesses on his own responsibility provided a reasonable opportunity is given to them. I direct that the defendant will produce the witnesses in the lower court on the 9th and 10th of June, 1980. The revision petition is disposed of accordingly.