Himachal Pradesh Court November 1976 Judgments
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Krishan Lal Vs. Sh. Ghaniya and ors.
Court: Himachal Pradesh
Decided on: Nov-23-1976
Reported in: 1977CriLJ1361
ORDERChet Ram Thadur, J.1. This petition Under Section 482 of the Code of Criminal Procedure 1973 (for short, the Code) and under Article 227 of the Constitution of India has been filed by Krishan Lal for setting aside the order, dated 12-9-1975, whereby the complaint filed by him against Smt. Parvatu and 10 others Under Sections 323/504/506/430/ 147/149 IPC was dismissed. The petitioner has prayed for issue of a direction to the court below to proceed with the further enquiry of the case.2. The complaint as filed by Krishan Lal is that there is a water channel which irrigates the fields of the petitioner as also of the respondents in village Khajrota of Tehsil Arki. The petitioner's father has got a right to the extent of half share for taking the water for irrigating his land, whereas the other half share belongs to the other co-sharers.3. It is alleged that on 28th May 1974, the complainant had gone to his fields to water them. It is stated that while he was irrigating the fields, t...
SaIn Dass Vs. NaraIn Singh
Court: Himachal Pradesh
Decided on: Nov-05-1976
Reported in: AIR1977HP64
ORDERR.S. Pathak, C.J.1. This is a plaintiff's revision petition against an order of the learned Subordinate Judge, Dharamsala dismissing his application for permission to examine a witness during the trial of the suit.2. The plaintiff filed a pre-emption suit On April 2, l97'6 the plaintiff examined two witnesses. These witnesses were those Whose names were on the list. Subsequently, on May 28, 1976 the plaintiff applied to the trial court for examining one Chuni Lal, That application was rejected by the learned Subordinate Judge, Dharamsala by his order dated June 5, 1976 on the ground that his name was not included in the list of witnesses filed earlier by the plaintiff. The plaintiff now applies in revision.3. The learned Subordinate Judge relied on Order 16, Rule 1 of the Code of Civil Procedure, which provides:'At any time after the suit is instituted, the parties may obtain, on application to the Court or to such officer as it appoints in this behalf, summonses to persons whose ...
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