U. N. BHACHAWAT, J.

( 1 ) THIS is a revision by the defendant applicant directed against the order dated 22-7-1975 in Civil Suit No. 86-A/68 by the Fourth Civil Jugde, Class II, Gwalior.

( 2 ) THE undisputed facts leading to the present revision are these: The applicant paid the process fee for summoning his witnesses for 22-7-1975. The summons of all the witnesses except those of Babulal and Peerchand were returned unserved. Witnesses Babulal and Peerchand did not appear on the date despite service. The trial court vide the impugned order, ordered for issuing bailable warrant of Rs. 500 each against all the witnesses including those whose summons had returned unserved. Hence, this revision petition.

( 3 ) THE contention raised by the learned counsel for the applicant was that the court has no jurisdiction to issue a coercive process against witnesses except under the conditions mentioned in Order 16, Rule 10 of the Code of Civil procedure (hereinafter referred to as the Code ). In the instant case, no coercive process could be issued against the witnesses Ravikant, Kailashchand, Ram prakash s/o Phool Chand, Ramprakash s/o Asharam, Vimalchand s/o premchand and Ramprasad (name stated as recorded in this court order sheet dated 29-7-1975) whose summons had returned unserved. His argument was that the trial court having acted in violation of the provisions contained in Order 16, Rule 10 of the Code, has assumed a jurisdiction which was not vested in it. He relied on a decision of this court in Shah Laxmichand v. Rup Singh (1967 MPLJ (SN) 70 ). The learned counsel for the non-applicant, combating the contention of the learned counsel for the applicant, contended that the applicant has no locus standi to file the present revision petition inasmuch as the aggrieved parties are the witnesses against whom the warrants have been ordered to be issued and that the suit out of which the revision arises toeing a suit for ejectment, in order to drag on the suit the witnesses are not being got served by the applicant purposefully.

( 4 ) I shall first deal with the question of locus standi. The object behind Order 16, Rule 10 of the Code is to assist the parties in procuring the attendance of the recalcitrant witnesses. It is a matter of common knowledge that a party runs a risk of his witnesses, whose attendance is procured by a warrant turning hostile to it on account of the process of warrant, being issued against them. Each party is interested in seeing that his claim is not jeopardised by the creation of a situation -- unwarranted by law --which may result in providing a cause for their turning hostile to it. In the light of this discussion, I am of the view that the applicant is an aggrieved party and has a locus standi to maintain this revision.

( 5 ) NOW turning to the merits of the impugned order, it would be useful to quote herein below sub-rules (2) and (3) of Order 16, of Rule 10 of the Code which call for interpretation for deciding the instant matter:- " (2) Where the court sees reason to believe that such evidence or production is material, and that such person has, without Lawful excuse, failed to attend or to produce the document in compliance with such summons or has intentionally avoided service, it may issue a proclamation requiring him to attend to give evidence or to produce the document at a time and place to be named therein; and a copy of such proclamation shall be affixed on the outer door or other conspicuous part of the house in which he ordinarily resides. (3) In lieu of or at the time of issuing such proclamation or at any time afterwards, the court may, in its discretion, issue a warrant, either with or without bail, for the arrest of such person, and may make an order for the attachment of his property to such amount as it thinks fit, not exceeding the amount of the costs of attachment and of any fine which may be imposed under Rule 12. "

On the analysis of the forequoted Sub-rule (2) for invoking the powers und

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