High Court of Punjab and HaryanaCR/6172/2017allowed

Shamsher Singh v. Harbhajan Singh

2017-09-13Mrs. Justice Raj Rahul Garg2 pages

C.R. No. 6172 of 2017 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 6172 of 2017 (O&M) Date of decision:- 13.09.2017 Shamsher Singh

...Petitioner

Versus

Harbhajan Singh

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. M.S. Bajwa, Advocate for the petitioner.

RITU BAHRI J. (Oral) This petition under Article 227 of the Constitution of India is for setting aside order dated 08.08.2017 (Annexure P-4) passed by the learned Civl Judge (Sr. Divn.) Amritsar whereby evidence of the petitioner/defendant has been closed.

Learned counsel for the petitioner has referred to an application dated 16.02.2017 which was filed for summoning of the three witnesses and deposit of diet fee (Annexure P-3) vide which petitioner wants to summon the three witnesses and learned Court issued the summon for appearance of D.W's.

Learned counsel submits that out of the three witnesses sought to be summoned by the petitioner, only one witness i.e concerned clerk of O.C Branch along with Duty Register came present and got recorded his evidence and the remaining two DW's did not come present before the Court for recording of their evidence despite the fact that the Court summoned witness MHC Baljinder Singh through bailable warrants and thereafter he was ordered to be summoned through arrest warrants. Gaurav Arora 2017.09.18 16:26 I attest to the accuracy and integrity of this document Chandigarh

C.R. No. 6172 of 2017 (O&M) -2Learned counsel for the petitioner restricts his prayer for summoning one witness i.e Incharge of Suvidha Centre along with complete record of lodged DDR dated 15.09.2014 and 16.09.2014. In view of the above factual position, this Court is of the view that this witness i.e Incharge of Suvidha Centre would be necessary for just decision of the case.

Accordingly, the revision petition is allowed and order dated 08.08.2017 (Annexure P-4) passed by the learned Civl Judge (Sr. Divn.) Amritsar is set aside. The trial Court is directed to give one effective opportunity to the petitioner to get this witness i.e Incharge of Suvidha Centre produce from the office of Suvidha Centre. Since this witness is a government official, the trial Court is also directed to take necessary steps in accordance with law to secure the presence of the above said witness . A copy of this order be given dasti under the signatures of Reader of this Court.

September 13, 2017 ( RITU BAHRI ) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2017.09.18 16:26 I attest to the accuracy and integrity of this document Chandigarh