S A GILLANI Vs. MUNSHI AKBAR ALI

JUDGEMENT

(1.) TWO orders have been assailed in this revision petitions 1) dated 5th of January 1979 by virtue of which issues were framed by the trial court, and 2) dated 18th of August, 1979 by virtue of which cost of Rs 20/ - was imposed on plaintiff petitioner for not bringing his witnesses to the court.

(2.) IN so far as the first order is concerned. I agree with the contention of Mr. Raina counsel for the respondent that the revision petition to this extent is barred. This order ought to have been challenged at the most within six months from the date of order, but the revision was filed alter more than 10 months. Ever otherwise this order could not have been challenged in the revision petition as the plaintiff should have moved the trial court with a written application as to what other issues were required to be framed in the case in term of Order 14, Rule 5 C. P. C. This course does not appear to have been followed in the present case. The revision petition to this extent is, therefore, dismissed.

(3.) AS regards the sound order the same is in my opinion, erroneous. The case was fixed for 17th of August 1979 for recording defendants evidence which incidentally turned out to be a holiday. The case was taken up on the following day when admittedly no witness was present, In these circumstances, the trial court should not have imposed any cost on the defendant, moreso when on the date preceding 18th of August; 1979 dt. 13 -8 -1979 the defendant had brought the witnesses alongwith him but their statements could not be recorded because the presiding officer himself was on leave. To this extent the revision petition is allowed and the order of the trial court is set aside. The defendant will be entitled to produce his witnesses on his own on a date to be fixed by the trial court.