The trial Court must enforce attendance of witnesses and cannot close evidence without taking necessary coercive measures, ensuring fair opportunity for parties to present their case.

JUDGMENT

Mrs. Ritu Tagore, J.

Mr. Kushagra Mahajan, Advocate appears on behalf of respondents No.1 and 2 and files Power of Attorney, which is taken on record, subject to just exceptions. Learned counsel for the petitioner also places on record photocopy of the plaint of case titled 'Jasbir Singh through Special Power of Attorney Shri. Kulwant Singh son of Gian Singh resident of village Rasulpur Kala, Tehsil and District Amritsar v. Surjit Singh and others' which is also taken on record, subject to just exceptions.

2. This revision petition is directed against the order dated 20.09.2023 (Annexure P-3), passed in Civil Suit No. CS 1057 of 2015 titled 'Jasbir Singh v. Surjit Singh & Others', whereby the evidence of petitioner (plaintiff before the trial Court) has been closed by Court order and order dated 14.11.2023 (Annexure P-5) by virtue of which, the application filed by the petitioner for recalling the order dated 20.09.2023 (Annexure P-3) has been dismissed.

3. Learned counsel for the petitioner urged that petitioner instituted a suit against respondents for declaration and for consequential relief of permanent injunction on various pleas as detailed in the plaint. On 29.10.2018, learned trial Court, framed the issues in the aforesaid suit. It is stated that thereafter, in January 2019, petitioner (plaintiff) moved an application (Annexure P-1) for summoning the witnesses and also deposited diet money. Meanwhile, due to spread of Covid-19 Pandemic, functioning of the Courts remained restricted and as a result, petitioner could not complete his evidence. Further, it is submitted by the learned counsel that most of the witnesses intended to be examined by the petitioner were official witnesses from the police and other Government department except the plaintiff, who despite issuance of notice and bailable-warrants did not turn up for recording their evidence. To support his submissions, learned counsel referred to zimini orders (Annexure P-2 colly).

4. Further referring to zimini orders, learned counsel stated on 20.09.2023, the counsel for the petitioner was occupied with other case, and therefore, could not attend the hearing of this case when called, as such, evidence of petitioner was closed by the learned trial Court vide order of the even date (Annexure P-3). Learned counsel stated that request of petitioner to recall the order (Annexure P-3), explaining the inability of his counsel to appear in the Court in pre-lunch session was illegally turned down by dismissing his application (Annexure P-4) vide order dated 14.11.2023 (Annexure P-5), causing serious prejudice to the rights of the petitioner by preventing him from prosecuting his case.

5. Learned counsel stated that most of the witnesses are Government officials and are not in his control, the learned Court was required to enforce their presence on their non-appearance in the Court through coercive means as provided under Order 16 of Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC'). In support of his submissions learned counsel referred to cases Rakesh Mohanta v. Maj. Gen. Amrik Singh, 1995(2) PLR 474, Deepak Chadha v. Rupa Anand and another, 2011 (1) PLR 378, Rakesh Khanna and others v. Mohini Khanna and others, 2014 (3) PLR 92, Mahant Jagmohan Singh v. Mahant Karamjit Singh, 2013(2) PLR 708 and Uchhab Kanwar wife of Shri. Bhanwar Singh v. Legal Representatives of Shri. Ramswaroop son of Ganesh Lal Ahuja and two others, 1995 AIR (Rajasthan) 209 observing that when a witness does not appear despite service, it is for the Court to take coercive measures to enforce attendance of witnesses by invoking the provisions of Order 16 CPC.

6. Learned counsel for the petitioner made a prayer to afford reasonable opportunity/ies to the petitioner to present his evidence by allowing the revision petition. It is urged by the learned counsel that impugned orders dated 20.09.2023 (Annexure P-3) and order dated 14.11.2023 (Annexure P-5) are unsustainable in eyes of l