PALASINGH Vs. RAMSINGH

JUDGEMENT

(1.) IN Chambers.- The dispute between the applicant Pala Singh and the non-applicants Ramsingh and others relates to 19 bighas 10 biswas of land (Khewat No. 5 and Khatoni No. 41), situate in Chak No. 10 JHK, Tehsil Hanumangarh. On receipt of the application from Pala Singh, a preliminary order was passed by the learned Sub Divisional Magistrate, Hanumangarh on August 7, 1968, requiring the parties to adduce evidence in respect of their respective claim to the said property. The non-applicants Ram Singh and others produced their evidence on October 7, 1968. On November 4, 1963, Pala Singh moved an application in the court of the Sub-Divisional Magistrate, Hanumangarh, requesting that the Revenue and Irrigation Patwaris of Chak No. 10 JRK should be summoned together with the relevant record. That prayer was opposed by learned counsel for the non-applicants and it was urged that under sub-sec. (4) of sec. 145, Cr. P. C. all parties to the proceedings could adduce evidence in respect of only such persons who had put in their affidavits. Counsel for the applicant Pala Singh, on the other hand, argued that under sub-sec. (9) of sec. 145, Cr. P. C. , a party could move the Magistrate to issue summons for the attendance of a witness who might or might not have filed an affidavit. Learned Sub-Divisional Magistrate rejected the application on the ground that the examination of a witness should be confined to the limits imposed by the newly added proviso to sub-sec. (4) of sec. 145, Cr. P. C.

(2.) A revision application was filed against the above finding and the learned Additional Sessions Judge, Ganganagar, in his order dated 25-5-1970, observed that the view expressed by the Sub-Divisional Magistrate, Hanumangarh, was erroneous. According to him sub-sec. (9) of sec. 145, Cr. P. C. gives ample power to the Magistrate to call and summon any witness, whose affidavit has or has not been filed. He has, therefore, submitted a reference to this Court recommending that the order of the Sub-Divisional Magistrate, Hanumangarh, dated November 19, 1968, should be quashed.