JUDGMENT :

1. This revision petition at the instance of the defendant arises out of an application filed under Order 16 Rule 14 C.P.C. to summon Semanu Yellappareddy and examine him as a court witness.

2. The court below declined to do so holding that the defendant cannot as a matter of right seek the examination of a person as a court witness and it is purely discretionary and the court may do so on its own accord only.

3. Order 16 Rule 14 C.P.C. is as follows:—

“14. Court may of its own accord summon as witnesses strangers to suit: Subject to the provisions of this Code as to attendance and appearance and to any law for the time being in force where the court any time thinks it necessary to examine any person, including a party to the suit and not called as a witness by a party to the suit, the court may, of its own motion, cause such person to be summoned as a witness to give evidence, or to produce any document in his possession, on a day to be appointed and may examine him as a witness or require him to produce such document”.

4. Order 16 Rule 14 C.P.C. provides that the court may of its own initiative or suo motu cause any person to be examine as a witness though either of the