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1997 DIGILAW 637 (RAJ)

Girraj Prasad S/o Shri Sita Ram v. Arjan Das

1997-05-15

SHIV KUMAR SHARMA

body1997
JUDGMENT 1. - Though the defendant-petitioner was negligent in not summoning the witness. Yet in the interest of justice one more opportunity ought to have been provided to him. It appears that the learned lower Court was swayed with the technicalities and passed the impugned order and if the order is allowed to stand it would occasion failure of justice. 2. Consequently, I allow this revision and set-aside the impugned order and I direct that the defendant-petitioner shall pay cost of Rs. 2,000/- to the plaintiff-non-petitioners. The defendant-petitioner shall produce the witness on 29.5.1997 and no further opportunity all be provided to him. He may file summons and get it served personally on the witness. As the suit is pending since 1996, it is expected from the trial Court to make an a ort to adjudicate the suit within one month from the date of receipt of the order.Revision Allowed. *******