B HIRDEY NARAIN Vs. EMPEROR

JUDGEMENT

(1.) This application in revision is directed against an appellate order of the District Judge of Pilibhit, affirming an order of the learned Munsif of Pilibhit by which that officer imposed a fine of Rs. 50 on the applicant under Section 32, Civil P.C.

(2.) The applicant was summoned as a witness in a civil suit by the plaintiff of that suit. The summons was duly served on him and he was required to attend the Court on 19 May 1927, but he failed to appear on that date. The plaintiff filed an application that, before the evidence is recorded, arguments be heard on a question of law that called for determination in the case. This application was granted and the Court decided the case on a preliminary point and no evidence was recorded.

(3.) The learned Munsif called on the applicant to show cause why he should not be fined under Section 32, Civil P.C. The applicant filed a written statement embodying the reason for his failure to attend the Court on 19 May 1927, and prayed that he be excused for having disobeyed the summons. The learned Munsif, however, was disposed to take a serious view of the matter because the applicant: is a lawyer and is expected to care for law more than an ordinary man and passed the order referred to above.