S.B.CIVIL WRIT PETITION NO. 10617/2009 Isha & Ors. vs. Hazi Hayat Mohammed & Ors. DATE OF ORDER : 11/11/2009 1/2 S.B.CIVIL WRIT PETITION NO. 10617/2009 (Isha & Ors. vs. Hazi Hayat Mohammed & Ors.) DATE OF ORDER : 11/11/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Manoj Bhandari, for the petitioner. 1. This writ petition is directed against the order dated 22/10/2009, whereby, the learned trial court has allowed the application of the respondent plaintiff under Order 16 Rule1 CPC for summoning the witnesses. 2. Learned counsel for the petitioner submits that after settlement of issues, much prior to the date given in the application under Order 16 Rule 1 CPC, the plaintiff respondents have misled the trial court to believe that issue no.3 is settled recently and, therefore, without the names of witnesses being included in the list, such application cannot be granted. A perusal of the record of the case indicates that suit was dismissed for want of appearance on account of lawyers strike on 18/2/2009 and same was restored by the learned trial court on 30/6/2009, after which said application under Order 16 Rule 1 CPC S.B.CIVIL WRIT PETITION NO. 10617/2009 Isha & Ors. vs. Hazi Hayat Mohammed & Ors. DATE OF ORDER : 11/11/2009 2/2 was filed on 22/10/2009 and same was contested by the defendant by filing reply and the learned trial court after having satisfied that on account of sufficient reasons namely death of brother-in-law of the plaintiff on 13/10/2009, such delay had occurred and, therefore, the learned trial court in the use of its discretion issued directions for summoning these witnesses. 3. Having heard learned counsel and on perusal of the reasons given in the impugned order, this court is satisfied that the impugned order does not call for interference under Article 227 of the Constitution of India. 4. Accordingly, the writ petition is dismissed. Copy of this order be sent to opposite side and trial court. (DR.VINEET KOTHARI), J. item no.s/5 baweja/-