O C MATHUR Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the order of the Senior Civil Judge, Jalore, dated the 6th April, 1957, imposing a fine of Rs. 50/- on the appellant under O. 16 R. 12 C. P. C.

(2.) THE brief facts are that a civil suit No. 54 1957, Jethmal Vs. Ambsingh, was pending before the learned Civil Judge, in that suit the defendant applied for summoning of certain witnesses including Dr. O. C. Mathur. Dr. Mathur was, therefore, summoned by the court to appear and give his evidence on the 12th February, 1957. He did not put in appearance on that date in spite of service of summons, nor does it appear that the summonses were returned on or before the 12th February, 1957. THE court then fixed another date for recording the evidence of Dr. O. C. Mathur and this time he was summoned to appear on the 2nd April, 1957. Again he did not attend court in spite of service of summons on him. THE court, after having waited for his appearance until the end of the day, at about 4 P. M. , passed orders directing notice to be issued to him to show cause why he should not be prosecuted under sec. 174 I. P. C. for refusing to comply with the summonses of the court is:;ued on both the earlier occasions. THE notice gave him time to show cause by the 5th April, 1957. Again on that date, the doctor himself did not appear but a lawyer who represented him showed cause and raised objections to the procedure adopted by the learned Senior Civil Judge. By the order in question, the learned Senior Civil Judge held that all these objections were unfounded and proceeded to impose a fine on the appellant for his intentionally disobeying the court's summonses without any lawful excuse. It is against this Order that the appeal has been preferred and the main point which has been submitted for our consideration is whether under O. 16 R. 12 of the Code of Civil Procedure the court was entitled to impose the fine in question.