Civil Revision No. 1558 of 2009 (O&M) -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Revision No. 1558 of 2009 (O&M)
Date of decision: 5.05.2009.
Kashmir Singh
Petitioner
Versus
Kartaro Bai and others
...Respondents
CORAM: HON'BLE MR. JUSTICE S.D.ANAND.
Present: Mr. Sandeep Khunger, Advocate for the petitioner.
Mr. S.K.Arora, Advocate for the respondents.
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S.D.ANAND, J.
Civil Misc. No.10834-CII of 2009
On consensual basis, the Civil Misc. application shall
stand allowed and the persons indicated in the Civil Misc. shall be
brought on record as Legal representatives of deceased petitioner
Kashmir Singh subject to all just exceptions.
Civil Revision No/1558 of 2009
The grievance of the petitioner is that closure of his
evidence had been ordered for inappropriate reasons. In that
context, it is pointed out that the examination-in-chief of four
witnesses (including the deceased plaintiff-petitioner Kashmir Singh)
had been recorded on 6.6.2007 and their cross-examination was
deferred on the request of the party opposite. They never ever turned
up thereafter for cross-examination. Besides it, the diet money for
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the summoning of Sh. Gavinder Kumar Jindal, Advocate-Notary
Public had been deposited on 6.2.2007 and copy of summons had
also been who had been delivered to witness aforementioned who
did not, however, turn up for a deposition. The plea raised thereby is
that it was for the learned Trial Court to ensure that the cross-
examination of four witnesses; who were examined-in-chief on
6.6.2007 and statement of Sh. G.K.Jindal who had been served for
appearance in the Court, were recorded.
If a party files a process fee (and deposit diet money) for
the summoning of witnesses in time, it is the responsibility of the
Court to ensure that summonses for their presence are issued.
Further, if a witness stands served for appearance before the Court
but does not enter appearance, it is for the court to issue appropriate
steps to secure his presence. The accountability of a party is
discharged the moment the witnesses are summoned in time by an
appropriate motion. The evidence of a such like party cannot be
closed just because the presence of those witnesses could not be
secured, for one reason or the other but not attributable to a default
on the part of the party concerned.
The petition shall stand allowed accordingly subject to
payment of Rs.5000/- as costs. The learned Trial Court shall allow
the cross-examination to be conducted on three witnesses whose
examination-in-chief had been recorded on 6.6.2007. The deceased
plaintiff-petitioner (Kashmir Singh) had also been examined- in-chief
on that date but in view of the fact that he died in the meantime and
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his legal representatives have been brought on record, the learned
Trial Court shall allow one of the legal representatives to be
examined as a substitute. The learned Trial Court shall also issue
appropriate process to secure the presence of Sh. G.K.Jindal,
Advocate-Notary Public.
May 05, 2009 (S.D.Anand) Pka Judge