LAWS(J&K)-1963-12-2

L RAGHUNATH DAS Vs. M SANT SHAH

Decided On December 27, 1963
L Raghunath Das Appellant
V/S
M Sant Shah Respondents

JUDGEMENT

(1.) THIS is a revision application directed against an order of the trial Court dated 18th October, 1963 refusing to issue summonses to the witnesses whom the defendant wanted to produce in defence.

(2.) THE counsel for the petitioner argued that the trial Court was not right in casting liability on the defendant to accompany the process server to get his witnesses served and that if the defendant failed to accompany the process server the trial Court was not justified in refusing to issue fresh summonses to the defendants witnesses. It appears that on 27th August, 1963 the Presiding Officer was not present and an unsigned order of that date shows that the defendant was asked to accompany the process server and get the witnesses served. On 18th October, 1963 the witnesses did not appear and the trial Court refused to summon them on account of failure of the defendant to accompany the process server to get the summonses served. It has been pointed out time out of number that a Court cannot cast an obligation on a party to accompany the process server and get the witnesses served. Order 16, Rule 1, is the relevant provision of the Code of Civil Procedure and it lays down as follows : -

(3.) THERE is no provision in the Code of Civil Procedure under which a Court can cast an obligation on a party to accompany the process server or to get the witnesses served personally. In case a party offers himself to accompany the process server he may be asked to do so but the court cannot direct a party to accompany the process server and if he fails to do so it cannot close his evidence or refuse to issue fresh summonses to the witnesses. The party can be asked to deposit the process fee and diet money for the witnesses and to give their correct residential particulars and it is for the process server to go and to get the witnesses served on the address given by the party. If the party fails to carry out the instructions of the Court and tries to delay the disposal of the case by giving wrong addresses of the witnesses or by not depositing process fee and diet money the Court is not helpless in such matters and can under its inherent powers pass Such orders as it deems proper. This has been laid down in A. I, R. 1958 Patna 458 :