RAJIV NARAIN RAINA, J. - (1.) THIS is the second round of litigation. In the first round, the Corporation was forced to approach this Court in CR No.2145 of 2014 against the order dated 25th July, 2014 passed by the trial court closing evidence of the plaintiff -Corporation in a suit for possession of land measuring 8 acres which belongs to the Corporation. The official witnesses required to support the case of the Corporation on the basis of original record was the Registrar, Punjab Agricultural University, Ludhiana. This Court vide order dated 21st March, 2014 set aside the order holding that the purpose of procedural law is to dispense justice to all the parties before the Court and not to dispense with justice. After the passing of the order by this Court, the Corporation appeared before the Civil Judge (Junior Division), Jalandhar. The Court to cause appearance issued bailable warrants to the said Registrar. It was also ordered that dasti summons be issued, if so desired, though there was no such necessity in the face of summons issued. The next date is not recorded in the zimni order dated 21st April, 2014 but Mr.Parminder Singh learned counsel appearing for the Corporation submits that the next date was 9th May, 2014, on which date, costs imposed by this Court were deposited before the trial court. Fresh bailable warrants were issued for 23rd may, 2014 on account of earlier bailable warrants not having been received back in the Court duly served. On the next date i.e. 23rd May, 2014, the learned trial Court has closed the evidence of the petitioner once again citing the order of this Court dated 21st March, 2014 whereby two effective opportunities were granted to the plaintiff to lead evidence.
(2.) WHEN the Court had issued bailable warrants to the Registrar to appear as a witness for the Corporation, then it was the business of the Court to have ensured the presence of the witness by compelling attendance. If bailable warrants did not work, then the option of non - bailable warrants was available to the Court but that course was not adopted and in the impugned order dated 23rd May, 2014, the learned trial Court has painfully observed that effective efforts were not taken by the plaintiff Corporation to conclude its evidence. It is rudimentary that when the Court has summoned witness through bailable warrants, the question of non -appearance on the date fixed cannot be imputed to the party calling witness and then to term it as effective opportunity given but not availed of. Such mind set of the learned trial Court is not a good one to deal with the presents case as it has to decide future cases at interim stages as well, fairly and reasonably. If the passing of the impugned order on 23rd May, 2014 was not enough, the trial Court has dismissed the application of the Corporation asking for recall and review of the order closing evidence. In this exercise carried out by the learned trial Court on the application a long -winded order running into 8 pages has been passed, at the end of which, the application has been dismissed on the ground that dasti summons were not collected to effect service on the witness. The reason for declining the review application is erroneous and perverse. It is antithesis in the face of bailable warrants issued for production of the witness. The dasti summons had became redundant and of no practical use.
(3.) I refrain from saying anything more except that a lot of judicial time has been wasted for nothing. The orders closing evidence and rejecting the review application were not called for and are not sustainable for the above stated reasons. Therefore, this petition is accepted and both the impugned orders are set aside. Sincere effort be made by the learned trial court to enforce the attendance of the witness in accordance with the procedure established by law. To this end, the learned trial Court would also henceforth when faced with such a situation to keep in mind the salutary provisions of Order 16 CPC which deal with the procedure of summoning and attendance of witnesses and remain the guiding light on the subject.;