V. BHASKARA RAO, J.

( 1 ) THE only question in this revision is, whether the list of witnesses filed under Order 16 Rule 1 CPC, can be accepted even if it is so filed beyond 15 days after framing of the issues in the suit.

( 2 ) IN this revision, the application fifed to condone the delay in filing the list of witnesses was dismissed by the lower Court on the ground that it was filed after 10 months of framing of issues. The ground pleaded for delay by the petitioner is that he is old age and not keeping good health. Order 16 rule 1 to the extent relevant and rule 1a are as under:"1. List of Witnesses and summons to witnesses: (1) On or before such date as the Court may appoint, and not later than fifteen days after the date on which the issues are settled, the parties shall present in Court a list of witnesses whom they propose to call either to give evidence or to produce documents and obtain summons to such persons for their attendance in Court. (2) xx xx xx (3) The Court may, for reasons to be recorded, permit a party to call, whether by summoning through court or otherwise any witness, other than those whose names appear in the list referred to in sub-rule (1), if such party sh

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