The High Court allowed a civil revision petition partly. It set aside an order refusing to summon a clerk from D.T.O. Bathinda to prove specific documents and allowed the application accordingly.
The order dated 17.4.2009 was set aside and the application to summon the Clerk from D.T.O. Bathinda to prove the documents was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
In the High Court of Punjab and Haryana at Chandigarh
Civil Revision No. 2867 of 2009 (O&M)
Date of decision: May 19, 2009
Ajit Singh and another
.. Petitioners
Vs.
Gurinder Pal Singh and another
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal
Present: Mr. S.K. Arora, Advocate for the petitioners.
A.N. Jindal, J
The petitioners have challenged two orders, one dated 2.4.2009 and the other dated 17.4.2009. Vide first order, the court had declined to summon Gurinderpaljit Singh for further cross examination and the second application was to summon Clerk from the D.T.O. Bathinda to prove the driving licence and the reports of the Licencing Authority dated 12.3.2009 and 12.5.2009.
On comparative reading of two orders it is revealed that the court never declined to summon the Clerk from the D.T.O. Bathinda earlier but it had declined to summon Gurinderpaljit Singh for further cross examination. The case is already fixed for the evidence of the petitioner.
In the circumstances of the case, the court could not decline to summon the concerned clerk from the office of D.T.O. Bathinda to prove the documents. Consequently, without disturbing the order dated 12.3.2009, I allow the petition partly and while setting aside the order dated 17.4.2009, allow the application to summon the Clerk concerned from the office of D.T.O. Bathinda to prove the driving licence as well as the reports as aforesaid.
(A.N. Jindal) Judge
May 19, 2009 deepak
2 issues framed by the court
Whether the court erred in declining to summon a clerk to prove documents and a driving licence.
Whether the petition challenging orders refusing summoning witnesses should be allowed.
Ajit Singh
another
Gurinder Pal Singh
another
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
