- (1.) The petitioner filed an application for eviction. The case was posted to 14-5-1976 for trial. On that date, no witnesses were present as no summonses had been taken out. The Rent Controller passed the following order : "Report of the Commissioner filed. No evidence of the petitioner present. None was summoned through Court, adjournment prayed for is granted subject to payment of Rs. 20/- as costs. The petitioner to produce witnesses on own responsibility on 9.8.1976." On 20-5-1976. the petitioner filed an application to summon three witnesses, first of whom was an Advocate who had submitted a report as Local Commissioner and the other two were tenants of other portions in the same buildings. On 22-5-1976, the Rent Controller passed the following order :- "In this case applicant was ordered to produce the evidence at his own responsibility. Hence this application is dismissed."
(2.) This revision is directed against this order. It is clear from the order passed on 14-5-1976 that the petitioner never undertook to produce his own witnesses. He was ordered by the Court to produce evidence on his own responsibility. He was entitled to ask the Court to assist him in securing the presence of witnesses. He did that in sufficient time. There was no reason for the Rent Controller to refuse to issue at least dasti summonses. The revision is allowed. The Rent Controller is directed to issue Dasti summonses and hand them over to the petitioner. Petition allowed.;