JUDGMENT :

Tushar Rao Gedela, J.

[The proceeding has been conducted through Hybrid mode]

1. The petitioner challenges order dated 23.11.2022 in CS 10742/2016 titled “Shakuntala Devi Vs. Ashok Kumar Sharma” whereby the learned Trial Court has rejected the application under Order XVI Rule 1 read with Section 151 CPC, 1908 seeking summoning of court witness from the Court of Additional District Judge (Central) along with the case records of CS No. 13224 of 2016 titled as “Shakuntala Devi vs. Bimla Devi & Anr.” was dismissed.

2. Mr.Puri, learned Senior Counsel submits that though this Court had vide order dated 08.11.2021, in CRP No. 272 of 2019 permitted the present petitioner to summon the witnesses from the Army Base Workshop in Delhi Cantt. with the condition that they be examined on one day.

3. Learned Senior Counsel submits that the summoned witness in fact did appear before the Court and gave statement, however, did not produce the documents which were sought to be proved, which are noted in the impugned order as well as order dated 08.11.2021 passed by this Court.

4. Learned Senior Counsel further submits that for abundant precaution, the petitioner who is the defendant, had also mov