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1991 Supreme(HP) 72

V.K.MEHROTRA
STATE OF H. P. – Appellant
Versus
DEVKI – Respondent


Advocates Appeared:
Shri L. S. Patna, Deputy Advocate Gene:ral, for Petitioner(s); Shri Lokinder Thakur, Advocate, for Respondent(s).

ORDER

1. The State of Himachal Pradesh, defendant in a suit (No. 114/1 of 1988) filed by the plaintiff-respondent, in the court of Sub Judge, Bilaspur on February 17, 1988. has approached this court for redress against an order of the learned Sub Judge dated February 8, 1991, in the present revision petition under Section 15, C.P.C.

2. For various reasons, which need not be recounted, the suit has remained undecided, so far. However, what is relevant for the disposal of this revision is the fact that some witnesses summoned by the plaintiff included the Chief Secretary to the Government of Himachal Pradesh as also the Financial Commissioner-cum-Secretary (Revenue) of that Government. The witnesses were served for February 8, 1991. Two of them namely, Shri M. S. Mukherjee, Chief Secretary, and the Financial Commissioner-cum-Secretary (Revenue), were not present before the court on that day. Three other witnesses were present. They were examined also.

3. In the summons issued to the aforesaid two witnesses, namely, the Chief Secretary and the Financial Commissioner-cum-Secretary (Revenue), it was not indicated whether they were summoned for giving evidence or to produce record, though i










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