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2018 Supreme(J&K) 591

SANJAY KUMAR GUPTA
Manorma Sharma – Appellant
Versus
Sahib Saran Khajuria – Respondent


Advocates Appeared:
For the Petitioners:Mr. Ashwani Thakur, Advocate.
For the Applicant/Respondent:Mr. L.K. Sharma, Sr. Advocate., M/s P.R. Sharma and Surinder Singh, Advocates.

JUDGMENT :

1. In the instant writ petition, the petitioner seeks quashing of order dated 25th October, 2017 passed by the Principal District Judge, Jammu, whereby petitioner has been directed to file affidavits of his witnesses.

2. The facts in nutshell are that the Suit for partition by meets and bounds, in which the petitioner is one of the defendants, is pending trial in the Court of Principal District Judge, Jammu. The petitioner has already submitted a list of witnesses, which is on the record of the suit file. There is a prayer on behalf of the petitioner for summoning the witnesses in accordance with law and she is not in a position to bring them to the Court for their evidence on her own nor can secure affidavits from them. They will appear only if summons from the Court are served on them. The Principal District Judge, Jammu, however, taking cognizance of the fact of filing of the list of witnesses by the petitioner, obliviously in accordance with law, but without following the course of law to summon them, has directed her to file their affidavits. The petitioner has brought it to the notice of the Court that the witnesses have to be first summoned as the petitioner cannot


























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