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2011 DIGILAW 490 (JHR)

Teja Mahto v. Jalesh Mahto

2011-06-14

PRASHANT KUMAR

body2011
Order This writ application has been filed for quashing Annexure 1, Annexure 2 and Annexure 5. 2. By Annexure 1 i.e. order dated 14.06.2007, learned court below closed the evidence of plaintiff as plaintiff and his witnesses were absent. It appears that plaintiff-petitioner filed an application in the court below for recall of aforesaid order contained in Annexure 1. But when the application was posted for hearing on 06.07.2007, on that day also plaintiff as well as his counsel were not present in the court for pressing the said application, therefore, by order dated 06.07.2007, the said application for recall of order dated 14.06.2007 has been dismissed as not pressed. Thereafter, no application filed for recall of the same. 3. From perusal of orders contained in Annexure 1 and Annexure 2, I find no illegality which require any interference by this Court. 4. So far order dated 04.09.2007 (Annexure 5) is concerned, it is relevant to mention that petitioner filed an application under Order 18 Rule 16 C.P.C. for examination of plaintiff-petitioner as witness. 5. Order 18 Rule 16 read as under:- “Power to examine witness immediately-(1) Where a witness is about to leave the jurisdiction of the Court, or other sufficient cause is shown to the satisfaction of the Court why his evidence should be taken immediately, the Court may, upon the application of any party or of the witness, at any time after the institution of the suit, take the evidence of such witness in the manner hereinbefore provided. (2) Where such evidence is not taken forthwith and in the presence of the parties, such notice as the Court thinks sufficient, of the day fixed for the examination, shall be given to the parties. (3) The evidence so taken shall be read over to the witness, and, if he admits it to be correct, shall be signed by him, and the judge shall, if necessary, correct the same, and shall sign it, and it may then be read at any hearing of the suit.” 6. From perusal of aforesaid provision, it is clear that a witness can be examined by court immediately if it is shown that the witness is about to leave the jurisdiction of court or there is other sufficient cause shown for recording of his evidence immediately. 7. In the application (Annexure 3), petitioner had not taken aforesaid ground. From perusal of aforesaid provision, it is clear that a witness can be examined by court immediately if it is shown that the witness is about to leave the jurisdiction of court or there is other sufficient cause shown for recording of his evidence immediately. 7. In the application (Annexure 3), petitioner had not taken aforesaid ground. Learned court below, while rejecting the said application, has stated that the ingredients of Order 18 Rule 16 C.P.C. is missing. 8. Thus, I find no illegality in the impugned order. 9. In view of aforesaid discussion, I find no merit in this writ application, the same is dismissed.