Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4651 of 2019 Petitioner :- Smt. Waseema Respondent :- Shri Chotey @ Iqbal And 5 Others Counsel for Petitioner :- Rishi Chadha
Hon'ble Vivek Kumar Birla,J.
Heard Sri Rishi Chadha, learned counsel for the petitioner and perused the record.
Present petition has been filed challenging the impugned order dated 12.3.2019 passed by the Additional Civil Judge (SD) Court No. 1, Aligarh in Misc. Case No. 162 of 2018.
By the impugned order dated 12.3.2019, application being paper no. 26Ga2 filed by the plaintiff, petitioner herein, in Misc. Case filed by the defendants under Order 9 Rule 13 CPC has been rejected. Application was filed for summoning the process server and the witnesses who have certified that service of notice was refused by the defendants concerned.
Submission of learned counsel for the petitioner is that once the service is denied by the defendants, the burden shifts on the petitioner to prove the same and therefore, the application to summon the witnesses was filed and the same has incorrectly been rejected by the Court below. He however submits that observations regarding service of notice on the other defendants no witness is mentioned, would not affect the merits of the case of the present service on the defendants concerned.
I have considered the submissions and perused the record. I am not inclined to interfere in the order impugned herein.
However, in the facts and circumstances of the case, present petition stands disposed of with liberty to challenge the same on the grounds that are being taken before this Court at the time of challenging the final order, if the need so arises. It is further made clear that if the Court below, during pendency of the proceedings, finds that aforesaid evidence is required for proper disposal of the case, the Court will be at liberty to summon them and the impugned order or this order may not be treated as any legal impediment.
No order as to costs.
Order Date :- 29.5.2019 Abhishek