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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. KUMARESH BABU
Ramaniyam Real Estate Pvt. Ltd. – Appellant
Versus
Gunda Ramani – Respondent
| Table of Content |
|---|
| 1. application for subpoena in specific performance suit. (Para 1 , 2 , 3 , 4) |
| 2. arguments on the nature of power of attorney and subpoena. (Para 5 , 6 , 7 , 9 , 10 , 11 , 12) |
| 3. court's analysis of procedural rules regarding witnesses. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 4. court's conclusion to allow subpoena and evidence recording. (Para 29) |
ORDER :
1. This application is filed by the plaintiff to issue subpoena to first and third defendant to attend and give evidence in the suit C.S.No.68 of 2021.
2. Heard Mrs.S.Vaitheeswari, learned counsel for the Mr.S.Sundaresan, learned counsel for the Applicant and Mr.S.K.Rahul Vivek, learned counsel for the Respondents 1 to 4.
3. Mrs.S.Vaitheeswari, the learned counsel appearing for the applicant/plaintiff would submit that the suit had been filed for a specific performance of the contract. The parties had produced the list of witnesses, documents and schedule for recording of evidence. However, the defendants had not produced their list of witnesses and affidavit of documents, but, they had filed an application to recast the issue by framing additional issues which was allowed on
A party to a suit can call another party as a witness under specific circumstances, but must provide a valid justification for doing so according to procedural rules.
Parties in a civil suit can be summoned as witnesses under the CPC, but compelling testimony without sufficient cause violates procedural norms.
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.
A Power of Attorney holder may manage proceedings but cannot testify on behalf of the principal for acts beyond their knowledge or where the principal must be cross-examined.
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 ....
Summoning a defendant as the plaintiff's witness is discouraged and should occur only in exceptional circumstances; the plaintiff must bear the burden of proof.
A party to a suit cannot be equated with a witness.
Order XVIII Rule 3A CPC mandates initial party testimony but permits later examination for recorded reasons even if sought subsequently, exercised judicially in peculiar facts to balance justice and ....
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