IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.1384 of 2006 (O&M) Date of Decision: 15.1.2009. Mr.Ramesh Kumar ....Petitioner Versus Paramjeet and others ...Respondents CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr.Jagdish Manchanda, Advocate for the petitioner. Mr.Amit Kumar Jain, Advocate for the respondents. RAJESH BINDAL, J. **** The challenge in the present petition is to the order passed by the learned Court below dated March 2, 2006 whereby the application filed by the petitioner for summoning Parveen Gupta, as defendant witness to prove the draft plan of the property in dispute has been dismissed. It has been noticed by learned Court below that on an earlier occasion learned counsel for the petitioner/defendant has made a statement on 9.2.2006 that except DWs namely Tilak Kumar, Kashmiri Lal and Joginder Kumar, one witness from office of Income Tax was to be produced and no other oral evidence was to be adduced before the Court on behalf of the petitioner/defendant. However, immediately thereafter an application was filed on 17.2.2006 for summoning of Parveen Gupta without disclosing the fact that on earlier occasion a statement was made that none less than three witnesses namely Tilak Kumar, Kashmiri Lal and Joginder Kumar in addition to one from Incomce Tax office were to be examined as witnesses. The opposite counsel raised objection at the time of recording the statement of Parveen Gupta referring to earlier stand of the petitioner/defendant. Considering the conduct of the petitioner/defendant where he filed application for summoning C.R. No.1384 of 2006 (O&M) -2- Parveen Gupta as a witness without disclosing his earlier statement before the Court below, learned Court below did not permit the recording of statement of Parveen Gupta. Considering the aforesaid facts where the conduct of the petitioner had not been fair before the Court below, I do not find any reason to interfere in the impugned order. Accordingly, the revision petition is dismissed. (RAJESH BINDAL) 15.1.2009 JUDGE Reema