V.D.MISRA
KRISHAN LAL GUPTA – Appellant
Versus
DUJODWALA INDUSTRIES – Respondent
( 1 ) ISSUING commissions for recording the statements of witnesses is not unusual in civil eases. It is being dune ever since the Code of Civil Procedure was enforced more than a hundred years ago. Whenever a case fur such examination is made out, parties arc allowed to examine their witnesses on commission. In the case before us the defendant asked for permission to examine his witnesses on commission. The permission was given. Now he refuses to examine them and contends that he will examine them on commission only after the plaintiff has examined his witnesses and closed his case. He claims it as his right. He declines to examine them before the case is set down for hearing. If he is right then there is an end of the conception of a continuous trial. Let us, therefore, examine the Code of Civil Procedure and find out its intention.
( 2 ) THE rules of pleading and other ancillary rules contained in the Code of Civil Procedure have one main object in view. It is to Iind out and narrow down the controversy between the parties. Co achieve it various provisions have been made in the Code. Each party is required to place all the material facts before the Court. Gone are the
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.