Point of Law : If the Court is satisfied about such a necessity to cause any person to be examined as a witness, the Court can summon such person.

JUDGMENT :

1. Correctness or otherwise of the order dated 19.11.2020, passed by the learned Civil Judge No. 2, Kamrup (M), Guwahati, in Title Suit No. 343/2015, is challenged in this Civil Revision Petition under Article 227 of the Constitution of India readwith Section 151 of the Code of Civil Procedure. It is to be mentioned here that vide the impugned order, dated 19.11.2020, the learned Civil Judge No. 2, Kamrup (M), Guwahati, rejected the Petition No. 4269/2018, filed by the petitioner as plaintiff for summoning the DTO, Kamrup (M), as witness as well as production of record from his office in respect of 2 (two) vehicles bearing Registration Nos. AS-01DD-7133 & AS-01DD-7185.

2. The factual background leading to filing of the present petition is briefly stated as under:-

“The petitioner instituted a Civil Suit against the respondent, being Title Suit No. 343/2015, for specific performance of contract of 2 (two) oral agreements that have been entered into by the petitioner and the respondent in respect of 3 (three) vehicles bearing Registration Nos. AS-01DC-8752, AS-01DD-7133 & AS-01DD-7185. The respondent contested the said Suit and submitted Written Statement-cum-Counter Claim. While the said Suit was in the final stage of argument, the petitioner, on the advice of his counsel, made an enquiry with regard to the present status of aforesaid vehicles by way of utilizing the portal “Vahan” being maintained by the Ministry of Road Transport & Highway and then the petitioner came to know from the SMS, which he has received over his mobile, that the vehicle bearing Registration No. AS-01DC-8752 was still with the respondent and the other 2 (two) vehicles bearing Registration Nos. AS-01DD-7133 & AS-01DD-7185 appears to be sold to Atfur Rahman Talukdar and Md. Nazim Uddin Laskar, respectively. Thereafter, the petitioner filed an Application under Order 16 Rule 14 of the Code of Civil Procedure before the learned Civil Judge on 14.11.2018, seeking direction to be issued to the Transport Authority (DTO) to produce record pertaining to the said 3 (three) vehicles in question, but the learned Court below, after hearing both the parties, was pleased to dismiss the petition. Being highly aggrieved, the petitioner preferred the present Civil Revision Petition.”

3. Heard Mr. A. Biswas, learned counsel for the petitioner. None appears for the respondent though notice was served upon the respondent through Dasti service.

4. Mr. A. Biswas, learned counsel for the petitioner, submits that obtaining status of the vehicle and examination of the DTO is very much necessary before the learned Court below otherwise the very purpose of filing the present Suit will be defeated. Mr. Biswas, learned counsel for the petitioner, therefore, contended to set aside the impugned order and to direct the learned Court below to obtain the status report of the DTO and to examine him as witness.

5. Having heard the submission of learned counsel for the petitioner, I have carefully gone through the petition and the documents placed on record including the impugned order dated 19.11.2020. It appears that on filing of the Petition No. 4269/2018, under Order 16 Rule 14 readwith Section 151 of the Code of Civil Procedure, the learned Court below heard both the parties and also considered the petition and objection filed by the defendant and, thereafter, pleased to dismiss the same by holding as under:

“the purpose of ascertaining the fact regarding transfer/sale of vehicles the deposition of DTO is unwarranted as because the plaintiff can produce any document to that effect even during the stage of argument. It is also not clear as to what made the plaintiff to enquire about the status of the vehicles at the stage of argument because such an endeavour ought to have been made at the earliest instance by the plaintiff but the same was not done. Further contention of the plaintiff that after the DW-1 took bond in respect of the vehicles in the Court having criminal jurisdicti