Rakesh Mohanta vs Maj. General Amrik Singh and Another

Ashok Bhan, J.—On failure on the part of the tenantpetitioner to produce his witness namely Anil Kakria who had been served through the process of Court by taking the summons Dasti, the Rent Controller has ordered the closure of the evidence of the petitioner. Counsel for the petitioner contends that he had never undertaken to produce Anil Kakria at his own risk and served by taking Dasti summons. Anil Kakria did not appear despite service. Instead of taking coercive measure, for procuring the presence of Anil Kakria, Court has closed the evidence of the petitioner. Petitioner had summoned Anil Kakria by taking Dasti process and if he did not appear despite service, it was for the Court to ensure his presence by taking coercive measures.

Accordingly, this revision petition is accepted the impugned order of the Rent Controller is set aside. The parties through their counsel are directed to appear before the trial Court on the date already fixed. On the said date, the Rent Controller shall give Dasti summons to the petitioner l.o serve Anil Kakria for a date to be fixed by the Court for his examination. If Anil Kakria does not appear despite service then the Court shall be at liberty to take recourse to coercive measure to en sure the presence of Anil Kakria. Copy of this order be given Dasti.