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2018 DIGILAW 3470 (PNJ)

Balwinder Singh Malhi v. Rajinder Singh Bath

2018-08-14

RAJ MOHAN SINGH

body2018
JUDGMENT Raj Mohan Singh, J. (Oral) - On 29.05.2018, following order was passed by this Court:- "Learned counsel for the petitioners contends that while setting aside the order dated 05.09.2017 passed by Civil Judge (Junior Division), S.A.S. Nagar (Mohali), the High Court granted one more opportunity to the petitioners to conclude their evidence by producing all the witnesses under their responsibility by taking dasti summon, if necessary subject to payment of costs of Rs. 5000/- payable to the opposite party. Learned counsel further contends that in compliance of the aforesaid order, costs were paid and dasti summons were served upon the witnesses and process of the Court was utilized. Summoned and served witnesses did not appear and it was responsibility of the Court to secure their presence under Order 16 Rule 10 CPC. Notice of motion for 14.08.2018. In the meanwhile, trial Court is directed to adjourn the proceedings beyond the date fixed by this Court." 2. It is a settled principle of law that in case served witnesses do not appear in the Court despite service, the Court is required to secure the presence of witnesses by way of coercive method in terms of Order 16 Rule 10 CPC. 3. In the instant case, one opportunity was granted by the High Court to the petitioners to conclude their evidence by producing all the witnesses on their own responsibility by taking dasti summons. That opportunity was granted subject to payment of costs of Rs. 5000/-. 4. In compliance of aforesaid opportunity, process of the Court was utilized. Summons were duly served upon the witnesses. Served witnesses did not come forward. In such a situation, the Court was under legal obligation to serve the presence of the served witnesses by means of coercive method. 5. This revision petition is disposed of by reviving one opportunity to the petitioners to serve the summoned witnesses again. In the event of their non-appearance, the Court shall act in accordance with law.