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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Sushma – Appellant
Versus
Alka Yadav – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
1. This is a revision petition filed under Article 227 of the Constitution of India for setting aside the impugned order dated 07.09.2024 (Annexure P-6) passed by the Additional Civil Judge (Senior Division), Nuh, whereby an application filed by the petitioner under Order 18 Rule 3-A of CPC has been dismissed.
2. Brief facts of the present case are that the respondent had filed an election petition under the provisions of the Haryana Panchayati Raj Act, 1994 against the present petitioner, in which challenge was made to the election of the present petitioner to the post of Sarpanch. The said election petition was numbered as EP No.8/2022. A written statement was filed to the said election petition and thereafter, the issues were framed and as is apparent from the impugned order dated 07.09.2024 (Annexure P-6), which facts have not been controverted on behalf of the petitioner, two affidavits of witnesses namely, Ram Narain and Bharat Singh were submitted in examination-in-chief on 13.10.2023. On the request of learned counsel for the petitioner, the cross-examination of the said witnesses were deferred on 13.10.2023 and the case was adjourned to 10.11.
The court emphasized that requests for summoning witnesses must be justified and not aimed at prolonging proceedings. Additionally, a party in the case cannot be called as the opposing party's witnes....
The service of notice and the application under Order 9 Rule 7 CPC were central to the court's decision, emphasizing the importance of adherence to procedural requirements and principles of natural j....
Failure to submit a list of witnesses and the prior exhibition of the report were key factors in the court's decision to dismiss the application for summoning a witness.
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