S.K. Dubey, J.

1. The petitioner/tenant, who is a defendant in a suit instituted on 4-9-1984 by the respondent No. 1/landlord in the Court of Third Civil Judge, Class II, Sheopurkalan, after the close of the evidence of the plaintiff on 8-5-1992, applied on 13-5-1992 under Order 16, Rule 1, Civil Procedure Code, for issue of summonses to the two witnesses out of three for their examination. That application on opposition of the plaintiff was dismissed by the trial Court holding that the list of witnesses was not filed within 15 days after the date on which the issues were settled as required under Order 16, Rule 1. The petitioner aggrieved of the order, preferred a revision which was also dismissed; hence the petitioner has approached this Court under Article 227 of the Constitution of India for quashing of the two orders and for a direction to the trial Court to issue summonses to the two witnesses for their attendance in Court.

2. Shri R. D. Jain, learned counsel for petitioner, contended that the plaintiff himself did not file the list of witnesses within 15 days after the settlement of issues, but filed the list on 14-2-1991 and made a prayer for issue of summonses, though t