As seen from the material on record, the trial Court closed the evidence of defendant for failure to serve summons and produce the witness before the trial Court by the defendant. However, the summons were sent to correct address of the witness by registered post. But they were returned ‘as unclaimed’ and it is a deemed service under Section 27 of the General Clauses Act. The defendant did not take any steps to compel the witness to appear before the Court under Order 16 Rule 10 of the Code of Civil Procedure (for short ‘C.P.C.’) and did not avail opportunity afforded to him by summoning the witness in I.A.No.1432 of 2014 and again failed to produce witness even as per the order in I.A.No.121 of 2015. Therefore, it is evident from the material on record that the petitioner is trying to drag on the matter without any reasonable cause. Therefore, I find no error in the order passed by the trial Court warranting interference of this Court by exercising power under Section 115 of C.P.C. Hence, the order passed by the trial Court is upheld.
