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...of the Court and had deposited diet money for them together with the process fee for service upon them through the agency of the court. I think there is weight in the submission of the learned counsel...for the petitioner plaintiff. Petitioner-plaintiff had summoned these witnesses as far back in the year 1995 and had deposited diet money for them. He submits that the plaintiff had been putting in...
...directed the defendants to deposit diet-money and process-fee within four days that by July 31, 1973. The solitary ground on which the application of the present petitioners was not allowed was that...they had deposited the diet-money and process fee beyond the period of four days fixed by the learned Subordinate Judge for that purpose. I think the order of the trial Court is wholly misconceived and...effect of not the diet-money and process-fee within the time allowed by the Court was that if service summonses issued in pursuance of the application of the petitioners had not been effected on their...
...by learned Civil Judge (Junior Division), Hissar thereby declining request of the plaintiff-petitioner for deposit of diet money to summon some witnesses through the Court. Learned trial Court has...observed in the impugned order that issues in the case were framed on 04.08.2010 and the plaintiff was directed to file process fee and diet money within 15 days, failing which no assistance of the...Court will be provided. Since plaintiff petitioner moved application Annexure P-3 for deposit of diet money on 30.10.2010, the same was dismissed by the trial Court on the ground that the application was...
...application for depositing diet money for summoning a witness. The said application was disallowed by the trial court vide impugned order Annexure P/2. Thereafter, the plaintiff moved another...application for depositing diet money of the witness which has been dismissed by the trial court vide order Annexure P/3.Counsel for the petitioner stated that vide second application also..., diet money of the same witness was sought to be deposited for which the earlier application, which was dismissed vide order Annexure P/2, had been moved.The plaintiff thus tried to over...
...same is that since on 10th January, 1989, the petitioner had deposited diet money for the summoning of a witness for 28th January, 1989, the court became duty bound to secure the presence of that...nor any witness was actually produced. Merely because at a later stage diet money for summoning a witness was filed did not entitle the plaintiff to seek an adjournment as a matter of right. It is...again the conceded position that at the initial stage of the suit the petitioner had filed a list for the examination of as many as ten witnesses but at no stage any processfee or diet money for...
...procees-fee, and diet money. The defendant deposited process-fee, and diet money. The defendant deposited proceess-fee, as also the diet money, on 4th August, 1973. Apparently the needful was done...of producing the defence evidence on the defendant, although the requisite process-fee and diet money had been deposited in the Court which the record shows were not utilised even once. 3. I am of...the opinion that so long as a party is prepared to deposit the requisite process-fee and the diet money for summoning of its witnesses, it is the duty of the Court to extend its assistance in securing...
.... On October 4, 1981. The case was fixed for recording the evidence of the present petitioner-tenant on November 5, 1982. The case was adjourned to November 25, 1982, as the process fee and diet money etc...and diet money were deposited by the petitioner-tenant. Perhaps due to the shortage of time the service on the witness could not be effected. The Process Server reported that Shri Kidar Nath Pradhan...had ordered that the witnesses mentioned by the petitioner be summoned and process fee and diet money for their service had been deposited by the tenant-petitioner, the learned Rent Controller was not...
.... Separate statement to this effect is recorded.With respect to the payment of TA/Diet Money to the witness, it is ordered that witness be paid Rs. 1,000/- as he has attended the court.... counsel clearly states that he does not agree with the amount fixed by this court as TA/Diet Money to the witness. The conduct of the counsel for plaintiff is not acceptable as he has summoned the witness...the petitioner/plaintiff by placing reliance upon Order XVI Rule 4 CPC argues that even if a party does not pay diet money to a witness, then, Courts have no option except to...
...of defendant's evidence when the defendant had summoned the concerned clerk of the Electricity Department and had deposited the necessary diet money for him.3. In Faqir Chand...Dhobi v. Smt. Mohinder Kaur, 1977 (2) RLR 633 it was held that where the process fee and diet money had been deposited in time and the witnesses do not appear, the party was not...
...Compensation Act, 1923. Besides this, the injured workman is also entitled to get the compensation of diet money, i.e, Rs. 136.50, medical charges, i.e, Rs. 63.65 and 29 days of daily charges...petitioner thereafter and he had to bear even the medical and diet money charges for the period during which he remained admitted in the Indira Gandhi Hospital, Shimla. A disability certificate, dated 1...
...requisite diet money qua the witnesses sought to be examined.None has appeared on behalf of the respondent despite service.A perusal of Annexure A-3 reveals that the...appellant had deposited the diet money qua four witnesses sought to be examined. In the said application, the date fixed before the trial Court has been mentioned as 25.04.2012 The said application was...allowed by the Judicial Magistrate on 12.04.2012 In consequence thereto, appellant deposited the diet money on 20.04.2012 Thus, it is evident that the appellant was duly pursuing his case. When the...
...for which application was moved for permission to deposit diet money and that summons were issued to the witness but the witness failed to put in appearance and in the circumstances, the petitioners...vide which the diet money was deposited to summon the witness as also the order passed on the said application by the Court. Today, learned counsel has produced certified copy of the application as well...as order dated 08.08.2016 passed on the application by the learned Civil Judge (Jr. Div.), Hoshiarpur granting permission to deposit Rs.500/- as diet money at own responsibility. Certified copy of...
...with the original record for the date fixed i.e 29.7.2010 On the application of the plaintiff - petitioner, the trial Court vide order dated 19.7.2010 directed the plaintiff to deposit diet money for...the witness to be summoned. He further states that diet money of Rs. 225/- as directed by the trial Court vide order dated 19.7.2010 was deposited on 20.7.2010 He further states while referring to...therein. The trial Court on 19.7.2010 directed the plaintiff to deposit diet money for the witness to be summoned. I further find from Annexure P-2 that plaintiff has deposited diet money on 20.7.2010 in...
...was fixed for hearing. On the 7th February the defendant put in an application to summon three witnesses and the order passed on itwas that the witnesses will be summoned when diet money is paid in On...the 10th the diet money was paid in but no further order was passed on the application for summoning the witnesses. But on the 22nd when the case came up the defendant verbally applied for adjournment...application to summon the witnesses and in depositing the diet money. The result is that only the plaintiff's witnesses were examined and the defendant could not put forward any defence.2...
...of appropriate nature be issued to respondents to provide for payment of maintenance allowance in addition to diet money and travelling expenses to witness appearing before...Court of Sessions / Special Court / Court of Judicial Magistrate and fixation of rate of maintenance allowance and diet money which shall not be less than the wages fixed for...).
F. A writ and/or an order in the nature of writ of appropriate nature be issued to respondents for making the provision for payment of diet money and maintenance a...
...justice that suffers. Then appropriate diet money for a witness is a far cry. Here again the process of harassment starts and he decides not to get the diet money at all. High Courts have to be vigilant...in these matters. Proper diet money must be paid immediately to the witness (not only when he is examined but for every adjourned hearing) and even sent to him and he should not be left to be...
.... The issue involved in the present revision petition is whether after depositing the diet money for the service of official witnesses, the Court was obligated to secure their presence in the event...of their default in appearance before the Court. The official witnesses were sought to be summoned with the process of Court for which even diet money was deposited by the plaintiff-petitioner. The...
.... It is further submitted that the petitioner filed an application on 27.11.2015 for summoning of two witnesses through process of the Court and in view of the order passed by the Court diet money was...evidence in order to serve the same purpose which was sought to be served by summoning two witnesses for whom diet money was deposited on 27.11.2015. It is argued that the petitioner would suffer...ordered to be deposited as diet money of the witnesses vide order dated 27.11.2015. The diet money was deposited vide No.519 dated 27.11.2015. The witnesses were not served and the aforesaid witnesses...
...petition for recall of this order.Learned counsel for the petitioner contended that the latter had deposited diet money and process fee for summoning of deed writer as also, an...a govt. official has gone for his evidence in another case. He further contended that when the diet money and process fee for summoning of these witnesses had been deposited in the trial Court, then...the Court through its agency, especially, when his diet money and process fee have been furnished by the petitioner.The learned trial Court shall see to it as to whether diet money and...
...diet money had also not been filed. Petitioner has come to this Court with a prayer that he may be given last opportunity to produce his evidence on payment of costs. In the interest of justice, the...evidence of the petitioner on which date he would lead his entire evidence except the two witnesses namely Inder Singh and Narinder Singh who would be summoned to the trial Court on deposit of process fee and diet money by the petit...