IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No. 5323 of 2011 (O&M) Date of decision: October 20, 2011 Ram Singh and another .. Petitioners Vs. Smt. Anarwati .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. R.S. Sihota, Sr. Advocate with Mr. B.R. Rana, Advocate for the petitioners. Mr. Subhash Ahuja, Advocate for the respondent. A.N. Jindal, J (Oral) The petitioner has invoked the provisions of Article 227 of the Constitution of India for setting aside the orders dated 9.6.2011 passed by the trial court. The order dated 17.2.2011 reveals that four witnesses were present but on account of absence of the learned counsel for the defendant, they could not be examined, however, they were bound down and the case was adjourned for 9.6.2011. On 9.6.2011, the trial court without taking care of the earlier order, wherein the witnesses were bound down dismissed the suit under Order XVII Rule 3 CPC, whereas, since the court had bound down the witnesses, then it was the duty of the court to cause their appearance by issuing due process against them or other coercive methods and responsibility could not be shouldered upon the plaintiff. As such, the impugned order appears to be not well founded and calls for the interference by this Court. Resultantly, the instant petition is allowed, impugned order is set aside, the suit is restored at its original number and the trial court is directed to proceed in accordance with law. Parties are directed to appear before the trial court on 30.11.2011. October 20, 2011 (A.N. Jindal) deepak Judge