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High Court of Punjab and HaryanaCR/8406/2018allowed

Abhishek Miglani v. Hindu Siksha Samiti

2018-12-10Mr. Justice Augustine George Masih2 pages

CR-8406-2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Civil Revision No. 8406 of 2018 (O&M) Date of Decision: December 10, 2018.

Abhishek Miglani ..........PETITIONER

VERSUS

Hindu Siksha Samiti ........RESPONDENT CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Karamveer Singh Banyana, Advocate for the petitioner.

******* SURINDER GUPTA, J.(Oral) Learned counsel for the petitioner submits that the case was fixed for evidence of petitioner for the first time on 03.10.2018, the petitioner concluded his statement and thereafter moved an application to summon witnesses but the evidence of petitioner was closed by Court order on 27.11.2018. He has drawn my attention to the application moved by the petitioner to summon the witnesses. The first witness is Halqa Patwari, Darra Kalana Thanesar, District Kurukshetra to prove the ownership of land owned and possessed by Hindu Siksha Samiti, Kurukshetra. To prove ownership and possession, petitioner can place on record revenue record instead of calling Patwari with record, as such, this witness is not a relevant witness.

The petitioner has sought permission to summon other two witnesses to prove the requirement of land for a 10+2 school and to prove the prospectus for admission in the school of the respondent. Jyoti 2018.12.19 11:23 I attest to the accuracy and authenticity of this document

CR-8406-2018 Learned counsel for the petitioner submits that both the witnesses will be examined on one date by taking dasti summons. Keeping in view the submissions of learned counsel for the petitioner, this petition is allowed. The petitioner is allowed to examine witnesses mentioned at Sr. Nos. 2 and 3 of his application by taking Dasti summons, learned Rent Controller will provide only one opportunity to the petitioner for this purpose.

This order has been passed in the absence of respondent to avoid unnecessary delay and expenses. A copy of this order be conveyed to the respondent. In the event of respondent having any objection, it may file application to that effect. On receipt of the application, the same be listed for hearing.

( SURINDER GUPTA ) December 10, 2018.

JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2018.12.19 11:23 I attest to the accuracy and authenticity of this document