C.R. No. 1330 of 2009 1
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
C.R. No. 1330 of 2009 (O&M)
Date of Decision : 12.8.2009
Pritam Lal
.......... Petitioner
Versus
Smt. Kailash Rani & another
...... Respondents
CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA
Present : Mr. T.N. Sarup, Advocate
for the appellant.
Mr. Malkeet Singh , Advocate
for respondent No.1.
Mr. Amit Singh, Advocate
for respondent No.2.
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VINOD K. SHARMA, J. (ORAL)
This revision petition is directed against the order dated
19.1.2009 passed by the learned Civil Judge ( Jr. Divn.), Batala vide which
application moved by the petitioner under Section 151 of the Code of Civil
Procedure for summoning Parbhat Bhushan Sharma as a witness has been
declined.
The case set up by the petitioner is that Parbhat Bhushan
Sharma son of defendant No.1 was summoned through Court. In pursuance
to the summons issued by the Court he appeared and filed his affidavit in
examination-in-chief, however, his cross-examination was deferred.
Subsequently, in spit e of number of opportunities having been given he did
C.R. No. 1330 of 2009 2
not appear in Court. The petitioner, therefore, moved an application to recall
the witness for cross-examination.
In view of the fact that Parbhat Bhushan Sharma, has not
submitted himself for cross-examination his evidence cannot be taken into
consideration, and the affidavit filed by him in examination-in-chief is to be
ignored.
Shri Parbhat Bhushan Sharma, therefore, can not be considered
to be a witness, as his examination-in-chief can not be read.
There is no provision under the Code of Civil Procedure or
Evidence Act, under which, the opposite party can be directed to produce a
witness which he is unwilling to produce or examine.
The dismissal of the application moved by the petitioner,
therefore, does not suffer from any illegality which may call for interference
by this Court in exercise of jurisdiction under Article 227 of the
Constitution of India.
No merit.
Dismissed.
12.8.2009 ( VINOD K. SHARMA ) 'sp' JUDGE