Dharambir Singh & ANR v. Ram Kishan & ANR

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 688/2019 & CM APPL. 44537/2019 DHARAMBIR SINGH & ANR ..... Petitioners Through:

Mr.

Girindra Kumar Pathak, Advocate. (M:9891173368) versus RAM KISHAN & ANR ..... Respondents Through:

Mr.

Yudhvir Singh Chauhan, Advocate. (M:9810153709)

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 30.01.2020 1.

The present petition arises out of the impugned order dated 30th March, 2019 by which the Petitioner's application for recalling PW-2 (Patwari) was rejected by the Trial Court. The Patwari was examined-inchief on 31st October, 2017 on which date he had produced various records which were summoned by the Petitioner. Thereafter he was cross-examined on 20th December, 2017 and further re-examined/cross-examined on the same date.

2.

The present application was then moved by the Petitioner under Order XVIII Rule 17 CPC seeking recall of PW-2 and summoning of the Kanungo for production of further records in respect Village Nangli Sakrawati, Najafgarh, Tehsil Dwarka, New Delhi. The said application was rejected by the ld. Trial Court.

3.

Ld. counsel for the Petitioner submits that he wishes to prove some more notifications and other documents from the records of the Patwari and Kanungo. The details of the same according to the Petitioner are stated in

the application moved under Section 151 CPC.

4.

The Patwari was cross-examined and examined almost two years ago. Repeated calling of Government officials cannot be permitted in this manner. The Petitioner has had adequate opportunity to summon the records from the Patwari. He has appeared before the court on two occasions and been examined in detail. If the Petitioner wishes to rely upon any records including notifications which are available with the Patwari and Kanungo, the Petitioner is permitted to apply for certified copies of the same and place the same along with the affidavit in evidence of the Petitioner. 5.

If the Kanungo is part of the list of witnesses, the Petitioner is permitted to summon the Kanungo with the specific records which he wishes to produce through the Kanungo. The recalling of the Patwari - PW2 is accordingly rejected.

6.

With these observations the petition and all pending applications are disposed of.

PRATHIBA M. SINGH, J JANUARY 30, 2020 dj