1997 Supreme(MP) 1155

IN THE HIGH COURT OF MADHYA PRADESH
R.S. GARG, J.
Abdul Rashid Khan – Appellant
Vs.
Abdul Qayum Javed – Respondent
C. Revn. No. 2263 of 1997 (J)
Decided on : 19-12-1997

Headnote:(1) High Court – – fixing the case at 11 a.m. for recording the evidence in trial Court – – trial Court has no jurisdiction to fix the case for 4.45 p.m.

       (2) Civil Procedure Code, 1908 – – O. 17 R.1 – – High Court fixed the case for recording the evidence in trial Court – – trial Court has no jurisdiction to fix it at any other time.

        Short Note

       The attention of the learned Judge is invited to the proceedings recorded on 23.10.97 in Civil Revision No. 1481/97; this Court had issued following direction "it is directed that he (non – applicant in Revision) will keep all his witnesses present at his own responsibility before the trial Court on 18.11.97 sharp at 11 a.m. and on that date his witnesses will be examined". It appears that on 18.11.97, the witnesses remained present but the counsel having fullest knowledge of the proceedings did not appear to examine the witnesses and prayed for an adjustment. The Court fixed the case at 3.00 p.m. At 3.00 p.m. again the prayer was made on behalf of the plaintiffs that their counsel was busy in another Court, therefore the matter be taken after sometime. The Court without observing the true spirit of the order took up the matter at 4.45 p.m. At 4.45 p.m. the examination of Abdul Qayum commenced but within 15 minutes the Court time was over, therefore the matter was adjourned. This Court ordinarily would not interfere in a discretionary order passed by the trial Court but the manner in which the trial Court has understood the revisional order passed by this Court clearly shows that the trial Court has not understood the mandate issued by this Court. When this Court ordered that the witnesses shall remain present sharp at 11 a.m. and the witnesses will be examined then it is clear that the witnesses were to be examined sharp at 11 a.m. and not at 4.45 p.m. Call for an explanation from the Civil Judge as to why contrary to the orders of this Court, he took up the matter at 4.45 p.m. The petition is disposed of with the direction aforesaid.