ILC-2011-SC-CIVIL-Feb-10
Kokkanda B. Poondacha and others Vs K.D. Ganapathi and another
The Code of Civil Procedure, 1908 - Order XVI Rule (1) , Rule (2) , Section 151
Application for filing list of witnesses - Whether respondents could cite - Advocate representing appellants as witness - Without giving an iota of indication - Trial Court partly allowed - Learned Single Judge set aside the order - Reasons not required to justify - Summoning a particular person as witness - Appeal - Whether litigant filing list of witnesses - Bound to indicate - Relevance of witness - Neither in written statement nor additional written statement filed before trial Court - Attributed any role to concerned advocate - Never objected to appearance - If parties to litigation - Allowed to file list of witnesses without indicating purpose for summoning - Create a situation - Cases may prolonged for years - Prudent exercise - Discretion by Court to insists - Party filing list of witnesses -should briefly indicate purpose of summoning particular person as witness - Learned Single Judge ignored - Impugned order ld. Single Judge set aside - Trial Court restored - Appeal allowed.
S.N. Bhat, Advocate
Topic(s)-Filing list of witnesses