LAWS(P&H)-2000-7-225

PIARA SINGH Vs. VIDHYA WATI

Decided On July 12, 2000
PIARA SINGH Appellant
V/S
VIDHYA WATI Respondents

JUDGEMENT

(1.) Whether a party can be made to suffer for the non-appearance of a witness in the Court after he has been summoned is the precise question under consideration ?

(2.) The petitioner was afforded several opportunities to produce his evidence but he failed to conclude it. As per the impugned order, the learned Civil Judge (Junior Division) closed the evidence mainly on the ground that he had availed more than one and a half year time.

(3.) A bare perusal of the order would reveal that Gurnam Singh was summoned by the Court at the expense of the petitioner. He was duly served for the date fixed but without lawful excuse, he failed to attend.