G.C. Mittal, J. - (1.) Raur Chand Munim of the Plaintiff firm was summoned as a witness by the Defendant alongwith books of accounts of focal point Thandewala office. When this Munim was in the witness box, the first question put was whether he had brought the books of accounts to which his reply was in the affirmative. Then certain questions were sought to be put to that witness on the basis of the account books brought in court. Those questions were disallowed on the ground that the Defendant wanted to bring certain facts by oral evidence on the file which was not permissible in law. This revision is directed against the aforesaid order dated 16 -4 -1986.
(2.) After hearing the learned Counsel for the parties, I am of the view that this revision deserves to succeed. The learned Counsel appearing for the Plaintiff was unable to support the order of the court below by raising any meaningful argument. According to the pleadings of the parties, the production of the account books of the Plaintiff firm of the aforesaid office was necessary and that is why the Defendant firm summoned the Plaintiff's Munim along with the account books and permission was granted by the trial court in this behalf. Once the Munim was in the witness box and had produced the account books, he had to be asked relevant questions in regard thereto and in case that Munim was not able to answer the questions, the Defendant had to be given further opportunity to have the account books retained in the court and to summon anyone on behalf of the Plaintiff firm including their partners, so that they could be questioned on the basis of their account books produced in the Court.
(3.) For the reasons recorded above, this revision is allowed and the order of the court below dated 16 -4 -1986 declining opportunity to the Defendant to put questions to Kaur Chand Munim is hereby set aside. A direction is issued to the trial court to summon Kaur Chand Munim on the expenses of the Plaintiff firm along with account books of focal point Thandewala office and to allow reasonable opportunity to the Defendant to put all relevant questions to that witness. In case that witness avoids to give proper answers and the Defendant feels that the examination of any other concerned person on behalf of the Plaintiff firm would be necessary to be examined with regard to these accounts books, the trial court will give due opportunity to the Defendant to do so. The parties, through their counsel, are directed to appear in the trial court on 14 -6 -1986.;