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DELHI HIGH COURT
C.HARI SHANKAR
Shally – Appellant
Versus
Ram Mohan Gautam – Respondent
| Table of Content |
|---|
| 1. dismissing an application under cpc (Para 1 , 2 , 3 , 4) |
| 2. justifying need for additional witnesses (Para 5 , 6) |
| 3. procedural requirements for witness lists (Para 8 , 9 , 10 , 11) |
| 4. grounds for summoning witnesses (Para 12 , 13 , 14 , 15) |
| 5. setting aside the impugned order (Para 17 , 18) |
| 6. final order allowing petition (Para 19 , 20) |
1. An application by the petitioner, as the defendant in CS 203/18 (Ram Mohan Gautam v. Shally), preferred under Order XVI Rule 1(3) of the Code of Civil Procedure, 1908 (CPC) stands dismissed by the learned Additional District Judge ("the learned ADJ" hereinafter) vide the impugned order dated 20th July 2022.
2. Consequent to completion of pleadings and framing of issues, the respondent, as the plaintiff in the suit, chose only to lead his sole evidence as PW-1.
3. No list of defence witnesses was filed by the petitioner, as the defendant in the suit. Nonetheless, the learned ADJ allowed the recording of evidence of the petitioner as DW-1.
4. After recording of evidence of DW-1 was complete, the petitioner moved the application, under Order XVI Rule 1(3) of the CPC, which stands disallowed by the impugned order
A party may summon additional witnesses even after issues have been framed, provided they demonstrate plausible reasons for their omission in the initial list, as required by the procedural guideline....
Order XVI Rule 1(3) envisages a request, by a party, to call a witness other than one whose name figures in list of witnesses filed under Order XVI Rule 1(1).
Point of Law : Negligence and failure to produce such evidence because of inadvertence/negligence, is not a lawful ground to permit a party to lead the additional evidence within the ambit and scope ....
The court's decision emphasized the discretion of the trial court in permitting parties to call witnesses and the provisions of Order 16 Rule 1 and 1A of the CPC, which allow parties to summon witnes....
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 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....
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