STATE OF HIMACHAL PRADESH Vs. DEVKI
LAWS(HPH)-1991-5-6
HIGH COURT OF HIMACHAL PRADESH
Decided on May 23,1991

STATE OF HIMACHAL PRADESH Appellant
VERSUS
DEVKI Respondents

JUDGEMENT

- (1.) The State of Himachal Pra-desh, defendant in a suit (No. 114/1 of 1988) filed by the plaintiff-respondent, in the court of Sub Judge, Bilaspur on 17/02/1988. has approached this court for redress against an order of the learned Sub Judge dated 8/02/1991, in the present revision petition under Section 15, C.P.C.
(2.) For various reasons, which need not be recounted, the suit has remained undecided, so far. However, what is relevant for the disposal of this revision is the fact that some witnesses summoned by the plaintiff included the Chief Secretary to the Government of Himachal Pradesh as also the Financial Commissioner-cum-Secretary (Revenue) of that Government. The witnesses were served for 8/02/1991. Two of them namely, Shri M. S. Mukherjee, Chief Secretary, and the Financial Commissioner-cum-Secretary (Revenue), were not present before the court on that day. Three other witnesses were present. They were examined also.
(3.) In the summons issued to the aforesaid two witnesses, namely, the Chief Secretary and the Financial Commissioner-cum-Secre-tary (Revenue), it was not indicated whether they were summoned for giving evidence or to produce record, though it was mentioned that they were summoned to appear before the court along with the record.;


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