The grievance of the petitioner is that even though the petitioner had sought for issuance of summons to the witness, whom the petitioner wants to be examined in court, the court below on technical ground dismissed the petition. The petitioner only points out that summon may be issued so that he can be examined on behalf of the petitioner. 2. In the light of the manner in which this Court proposed to dispose of this petition, notice to the respondents is unnecessary. It is quite unfortunate that the Court below dismissed the application on technical ground relating to the difference in date. The court below should have remembered that procedure of law is to advance justice and not to stifle it.
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O.P.(C). No. 2414 of 2014 In the light of the above, the petition is allowed. The court below is directed to issue summons as sought for by the petitioner to the witness to be examined in court on behalf of the petitioner. Trial of the suit shall stand postponed by two weeks.
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P.BHAVADASAN JUDGE das