S.S.SODHI, J. - (1.) WHAT has been called in question in this petition is the wholly untenable order of the Rent Controller, Hoshiarpur, discharging a witness without recoding his evidence, on the ground that be, was "reluctant to take oath inspite of repeated demands made to him by counsel".
(2.) ACCORDING to the case, as set out in the petition, the witness Chanan Singh, Sarpanch, of Gram Panchayat Doot Kalan in District Hoshiarpur belonged to the Communist Party. He did not believe in Religion and could not, therefore, swear in the name of Religion. He was however. it is stated, prepared to make a statement as witness on solemn affirmation in the form prescribed under the Oaths Act, 1969 (hereinafter referred to as 'the Act'). It was the contention of Mr. Suresh Amba, counsel for the petitioner that the Rent Controller was in error in requiring the witness to take the oath in the form "Main Jo Kuch Kahunga, Dharam Nal Sach Kahunga". A reference to the provisions of the Act would show that all persons appealing as witness are required by Section 4 there to make an oath or affirmation Section 6 of the Act goes on to provide that all oaths and affirmation made under Section 4 shall be administered according to one of the forms given in the Schedule to the Act, as may be appropriate, in the circumstances of the case. What is pertinent to not here is the proviso to sub-section (1) of Section 6 which reads as under : 6 (1) "Provided that if a witness many judicial proceeding desires to give evidence on oath or solemn affirmation in any form common amongst, or held binding by, persons of the class to which he belongs, and not repugnant to justice or decency and not purporting to affect any third person, the Court may, if it thinks fit, notwithstanding anything hereinbefore contained, allow him to give evidence on such oath or affirmation.
(3.) IN other words the form of the oath or affirmation that a witness is required to make is not necessarily confined to those given in the Schedule. It can, in teams of the proviso. be in a different term common to the class of persons to which the witness belongs.;