Research › Search › Judgment

Rajasthan High Court · body

2008 DIGILAW 676 (RAJ)

Kali Charan S/o. Mutavanna Shri Nath v. Khushi Ram

2008-03-04

PREM SHANKER ASOPA

body2008
JUDGMENT 1. - With the consent of counsel for the parties, this writ petition is being disposed of at admission stage. 2. The petitioner-plaintiff filed a civil suit for permanent injunction as well as mandatory injunction against defendant-respondents No. 1 to 5. The petitioner filed affidavits of two witnesses but they could not appear to give their evidence. Therefore, the trial Court issued bailable warrants for appearance and cross-examination of the said witnesses. It is further stated in the writ petition that the petitioner took the next date as 30.4.2007 for appearance of the witnesses whereas the date fixed was 14.3.2007. The trial court closed evidence on 10.4.2007. The petitioner filed an application for calling the witnesses for cross examination on 30.4.2007. The said application was rejected by the trial court vide order dated 18.5.2007. 3. Submission of counsel for the petitioner is that the date was wrongly noted by the counsel as 30.4.2007 whereas in fact, it was 14.3.2007, hence the witness could not come on 14.3.2007 and subsequently their evidence was closed. He further submits that since the civil suit is for declaration, permanent injunction as well as mandatory injunction, therefore, cross examination of the aforesaid two witnesses i.e. Manak Chand and Kartar is necessary. 4. Counsel for the respondents submits that the petitioner-plaintiff was negligent in not producing the said witnesses for cross-examination and the story of noting down the wrong date is not correct. Counsel further submits that evidence of the defendant-respondents is going on 5. I have gone through record of the writ petition and further considered rival submission of the counsel for the parties. 6. In my view, the mistake of date appears to be inadvertent and not wrong statement as observed by the trial court and further considering the nature of the case the aforesaid statement of the petitioner appears to be correct. 7. Accordingly, the writ petition is allowed, the order of the trial court dated 18.5.2007 is set aside and one more opportunity is given to the petitioner to produce the aforesaid two witnesses namely Manak Chand and Kartar before the trial court on 26.3.2008 for their cross-examination. No further opportunity will be given to the petitioner. It will also be open to the respondent-defendant to move any appropriate application for further evidence before the trial court which shall be considered and disposed of by the trial court.Writ petition allowed. *******