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 state

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