Key Points:

• The court examined the maintainability of a litigant’s application to file a list of witnesses after the prescribed time period, specifically beyond 15 days from the date of settlement of issues (!) .
• The court considered whether a specific procedural rule (Rule 60 (2) of KCRP) is valid and within the authority granted by the overarching procedural framework (Order XVI, Rule 1, CPC) (!) .
• It was established that a party may seek permission to summon witnesses and examine them even if the list of witnesses was not filed within the prescribed timeframe, provided the party shows sufficient cause (!) .
• The court clarified that the right to call witnesses is not strictly limited by the timing of the filing of the witness list, and such applications are maintainable under the relevant procedural provisions (!) .
• The court declared that the rule in question (Rule 60 (2) of KCRP) is intra vires and consistent with the provisions of Order XVI, Rule 1, CPC, affirming its validity (!) .
• The decision emphasized that procedural rules should be interpreted in harmony with the substantive provisions, and procedural flexibility is permissible to ensure justice (!) .
• The court highlighted that even if an application is filed under a different procedural rule, it can be considered as an application under the relevant rule governing witness examination, provided the court has jurisdiction (!) .
• The case underscores the importance of procedural fairness and the courts’ discretion to allow late filings or witness examinations, ensuring that technicalities do not impede substantive justice (!) .

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