The duty of the court to enforce attendance of witnesses and take recourse to the provisions of the Civil Procedure Code for compelling the attendance of recalcitrant witnesses.

Bakshish Kaur, J. - Whether a party can be made to suffer for the non-appearance of a witness in the Court after he has been summoned is the precise question under consideration ?

2. The petitioner was afforded several opportunities to produce his evidence but he failed to conclude it. As per the impugned order, the learned Civil Judge (Junior Division) closed the evidence mainly on the ground that he had availed more than one and a half year time.

3. A bare perusal of the order would reveal that Gurnam Singh was summoned by the Court at the expense of the petitioner. He was duly served for the date fixed but without lawful excuse, he failed to attend.

4. In such circumstances, it was not proper for the trial Court to close the evidence of the petitioner. If a witness in spite of service or in spite of being bound down does not appear, it is for the Court to procure his presence by issuance of warrants but the Court could not take the extreme step of closing the evidence of the petitioner. It is the duty of the Court to enforce attendance of the witnesses where the party has done everything in that regard and the Court can take recourse to the provisions of Order 16 Rule 10 Civil Procedure Code for compelling the attendance of recalcitrant witnesses.

5. In view of the above, one more opportunity is granted to the petitioner to produce his witness before the Execution Court on the date to be fixed by the Court, subject to payment of Costs of Rs. 500/-. The parties, through their counsel, are directed to appear before the Court on July 29, 2000.

6. Learned counsel for the petitioner has stated at the Bar the said witness namely Gurnam Singh was summoned in his official capacity, being dealing clerk of the record in the Rehabilitation Department. In view of this, it is directed that if he is not the dealing clerk any more, then the concerned dealing clerk be summoned on the petitioners furnishing particulars of the witnesses his designation etc. along with the record which is required to be produced in the Court. The revision petition is disposed of in the terms indicated above.

Order accordingly.