1. This revision petition is directed against order dated 7-3-1982 passed by the Sub-Judge Dodyal by which it was ordered that two witnesses namely, Muhammad Sabir, Patwari and Ch. Lal Hussain Advocate who is also the A Public Prosecutor should be produced by the defendant-petitioner on his own responsibility as the Court failed to get the summonses served upon the said witnesses.
2. The impugned order is unwarranted on its very face. How poor is the Presiding Officer of the trial Court who showed his inability to get the summonses served upon the witnesses who are the Government Servants. The Sub-Judge is directed to go through the Civil Rules which provide the manner in which the summonses or notices etc. To the Government officials are to be served upon them. It is inefficiency of the Sub-Judge to whose Court the summonses issued by it for service of the witnesses were not returned. He ought to have seen that the Deputy Commissioner or the Tehsildar of the Tebsil concerned to whom the summonses were to be sent for service of `Patwari' were to be duly served upon the witnesses. The summons on Ch. Lal Hussain Advocate (Public Prosecutor) was to be served upon him through the District and Sessions Judge and in case any of the authority concerned was not caring to get the summonses served upon the witnesses, the matter was to be brought to the notice of this Court and thus the responsibility of the trial Court for carrying out its orders for service o the witnesses could not be absolved of.
3. ' Therefore, the impugned order is set aside and the Sub-Judge is directed to issue summonses to the witnesses in the manner indicated above so that they could be duly served upon in order to appear before his Court to give evidence on the date to be fixed. The counsel for the parties are directed to inform their clients to appear before the trial Court on 27-5-1982 when the summonses to the witnesses shall be issued accordingly.