BHARGAVA, J.—The point for determination in this revision application by the defendants is whether the period of thirty days prescribed for presenting a list of witnesses under Older 16, R. 1 as amended by the Rajasthan High Court can be extended by virtue of sec. 5 of the Indian Limitation Act, Act XXXVI of 1963.

2. The point is of some importance because the sub-ordinate courts generally are taking the view that they have no jurisdiction to extend the period prescribed by Rule 1 of Order 16 which requires the parties to present in court a list of with-nesses whom it proposes to produce on such date as the court may appoint and not later than 30 days after the settlement of issues. Sub-rule (ii) says that :

"No party shall produce or obtain process to enforce the attendance of witnesses other than those contained in the list referred to in sub rule (1), except with the permission of the Court and after showing good cause for the delay and the Court granting of refusing such permission shall record reasons for so doing."

After the interpretation of the above rule by this Court in Mst. Tulsi Bai vs. Chuni-lal,(l) the subordinate courts do not permit the parties to summon witnesses if

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