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1982 Supreme(Raj) 196

DWARKA PRASAD
Kanhaiya Lal – Appellant
Versus
Nenu Ram – Respondent


Advocates Appeared:
Guru Prakash, for Petitioner; Bhagwati Prasad, for Non-petitioner.

DWARKA PRASAD. J —The main revision petition was heard today with the consent of the learned counsel for the parties.

2. The defendant petitioner filed a list of witnesses under Order 16 Rule 1 C.P.C. on August 13, 1981 in the trial court. The trial court rejected the list of witnesses on four grounds-mentioned in that order. The list did not contain the fathers name of some of the witnesses; in the case of some other witnesses the address was not complete; in the case of some other witnesses the expenses for summoning these witnesses were not deposited, although these witnesses were residents of places out-side the town of Shardar-shahar, where the trial court is situated. Moreover in the case of all the witnesses, whose names were included in the list of witnesses filed by the petitioner, the purpose for which the witnesses are pre posed to be examined was not mentioned in the list of witnesses.

3. The argument of the learned counsel for the petitioner is that there were any defects in the list of witnesses, as have been pointed out by the learned trial court, the petitioner should have been allowed some time to remove the defects. The defendant petitioner had filed a list of his w






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