C.R. No. 1330 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 1330 of 2009 (O&M) Date of Decision : 12.8.2009 Pritam Lal .......... Petitioner Versus Smt. Kailash Rani & another ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. T.N. Sarup, Advocate for the appellant. Mr. Malkeet Singh , Advocate for respondent No.1. Mr. Amit Singh, Advocate for respondent No.2. **** VINOD K. SHARMA, J. (ORAL) This revision petition is directed against the order dated 19.1.2009 passed by the learned Civil Judge ( Jr. Divn.), Batala vide which application moved by the petitioner under Section 151 of the Code of Civil Procedure for summoning Parbhat Bhushan Sharma as a witness has been declined. The case set up by the petitioner is that Parbhat Bhushan Sharma son of defendant No.1 was summoned through Court. In pursuance to the summons issued by the Court he appeared and filed his affidavit in examination-in-chief, however, his cross-examination was deferred. Subsequently, in spit e of number of opportunities having been given he did C.R. No. 1330 of 2009 2 not appear in Court. The petitioner, therefore, moved an application to recall the witness for cross-examination. In view of the fact that Parbhat Bhushan Sharma, has not submitted himself for cross-examination his evidence cannot be taken into consideration, and the affidavit filed by him in examination-in-chief is to be ignored. Shri Parbhat Bhushan Sharma, therefore, can not be considered to be a witness, as his examination-in-chief can not be read. There is no provision under the Code of Civil Procedure or Evidence Act, under which, the opposite party can be directed to produce a witness which he is unwilling to produce or examine. The dismissal of the application moved by the petitioner, therefore, does not suffer from any illegality which may call for interference by this Court in exercise of jurisdiction under Article 227 of the Constitution of India. No merit. Dismissed. 12.8.2009 ( VINOD K. SHARMA ) 'sp' JUDGE