M/S NAURATANMAL ASHOK KUMAR Vs. YANGZILA BHUTIANI

JUDGEMENT

(1.) Heard.

(2.) The present Writ Petition invoking the powers under Art. 227 of the Constitution of India seeks to assail two orders passed by the learned District Judge dated 006.2017 and 19.08.2017 in Title Suit (Declaratory) No.01/201 The Writ Petition was filed on 29.08.2017. The learned District Judge vide the impugned order dated 006.2017 opined that given the nature of the litigation and the issues involved in it 20 witnesses named in the list of Plaintiff's witnesses were found to be relevant out of the 52 witnesses sought to be examined by the Petitioner herein as the Plaintiff. The learned District Judge was of the view that in determining the number of witnesses the Court should take into account the nature of litigation, nature and number of issues required to be proved and the fact on whom onus has to be laid. The learned District Judge was also of the view that it has also to take into Court No.3 account the specified purpose for which the particular witnesses is required to be produced.

(3.) The impugned order dated 02.06.2017 records that the Petitioner had submitted considering the nature of the case it would not be possible for him to produce the 20 witnesses on his own and prayed for issuing summons to the concerned witnesses at his expense. Accordingly, as desired by the Petitioner summons were issued to the said witnesses for various dates.