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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Amit Roy – Appellant
Versus
H.H. Maharani Kumud Kumari – Respondent
| Table of Content |
|---|
| 1. background of the property dispute (Para 3) |
| 2. arguments on necessity of witness summoning (Para 4 , 5) |
| 3. court's reasoning on witness summoning legality (Para 6 , 7 , 8) |
| 4. court's final decision on the petition (Para 9) |
ORDER :
(M. NAGAPRASANNA, J.)
The petitioner is before this Court, calling in question an order dated 03-04-2025, passed by the XXXI Additional City Civil and Sessions Judge, Bengaluru in O.S.No.1963 of 2002 rejecting application in I.A.No.XCII filed under Order XVI Rule 1(2) of the Code of Civil Procedure for summoning of witnesses.
2. Heard Sri A.Mahesh Chowdhary, learned counsel appearing for the petitioner and Sri Udaya Holla, learned senior counsel appearing for the respondents.
3. Facts, in brief, germane are as follows: -
On 03-09-1892 one Srinivas Raju Gabriel purchases the suit schedule property. In 1950 it transpires that Srinivas Raju Gabriel and his family permitted the grand father of the petitioner/defendant to reside in the suit schedule property and the petitioner is said to be in possession of the same now. In the year 2002, one Jyotendra Sinhji Vikramsinhji files a suit for injunction against the petitioner and for delivery of vacant p
A party cannot summon a witness for cross-examination without prior examination-in-chief; persistent frivolous applications to delay proceedings are deemed an abuse of process.
The court must ensure that the purpose for summoning a witness is explicitly stated to avoid unnecessary delays and inconvenience in legal proceedings.
A party can summon an opposite party for cross-examination under CPC, and adverse inferences may be drawn if a party fails to testify, reinforcing the necessity of cross-examination.
A party to a suit cannot compel the opponent to testify on their behalf as a matter of right; the trial court has discretion to allow such summons based on the necessity and context of the case.
The right to make an application for witness summons is available to a party at any stage of the suit, but the trial court may refuse to issue summons only if the application is not bona fide, vexati....
Point of law: In any case, it is settled legal position that no litigant can be denied the opportunity to prove his case, unless it is clear that presence of such witnesses is not necessary at all. T....
The main legal point established in the judgment is that the Code of Civil Procedure, 1908 does not permit calling the other party to the suit only for the purpose of cross-examination and condemns t....
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