Rameshwar Dass vs Ram Saran and Others

S.P. Goyal, J.—The petitioner was ordered to take dasti summons for the service of the witnesses on July 28, 1986 and when service was not effected his evidence was closed on the next date i.e. September 26, 1986. There is nothing in the orders which could show that it was the plaintiff on whose request dasti summons were ordered to be taken by him. From the perusal of the order dated July 28, 1986 it is evidence that the court of its own directed the plaintiff to take out dasti summons. This was wholly an unwarranted procedure. So for non-service of the witness the petitioner could not be held responsible nor his evidence closed. The impugned order is, therefore, set aside and the trial court is directed to take further proceedings in accordance with law. The parties, through their counsel, have been directed to appear in the trial court on March 9, 1987.