The Court emphasized that a party to the proceedings cannot be summoned as a witness by the opposing party.

JUDGMENT

This petition is filed against Exts.P13 to P15 orders.

2. Heard the learned counsel appearing for the petitioner and the respondents.

3. It is submitted during the course of hearing by the learned counsel for the respondent that the relief in I.A. No. 1683/2017 can be allowed on terms, if a proper affidavit is filed. However, as I.A. No. 1510/2017 was filed for summoning the officials from the Land Reforms Appellate Authority only for producing certain documents, it cannot be permitted since the petitioner could have produced the certified copies of those documents, it is submitted. It is also pointed out that one among the witnesses sought to be examined in the third application is a party to the proceedings, and hence he cannot be summoned by the adversary.

Considering the contentious nature of the case and the submissions made at the Bar, I am of the view that the petitioner can be granted one more opportunity to file proper applications before the trial court, in respect of the above aspects. At any rate, the petitioner cannot summon a party to the suit as a witness. In the above circumstances, the original petition is disposed of as follows:–

(a) If the petitioner files a proper application with sufficient details within a period of 30 days from today, the trial court shall consider the same and pass appropriate orders, untrammelled by the observations in Exts. P13 to P15 orders.

(b) As the petitioner can obtain certified copies of the documents to be summoned, the officials need not be summoned for the sole purpose of marking those certified copies. However, it is open to the trial court to take an independent decision, if the situation warrants an order otherwise.

(c) A party to the proceedings cannot be summoned as a witness, by the adversary.

Sd/-

P.KRISHNA KUMAR, JUDGE dlk/24/2/