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ANIL VERMA
Anand Kumar Goyal – Appellant
Versus
Indar Bhushan Taretiya – Respondent
ORDER
1. The petitioner has preferred this miscellaneous petition under Article 227 of the Constitution of India being aggrieved by order dated 1.6.2024 passed by Civil Judge Class-I, Karera, District Shivpuri in Civil Suit No.99A/2022, whereby an application under Order 16 Rule 1 read with section 151 of CPC filed by the petitioner/defendant has been dismissed.
2. Learned counsel for the petitioner submits that petitioner has requested to call the witness by sending summons because after recording the statement of witness Vijay Narware, matter was adjourned and due to threat given by plaintiff, witness Vijay Narware did not come to the Court, therefore, calling him through summons is quite necessary. The Trial Court has ignored the aforesaid facts. Hence, he prays that the impugned order be set aside and his application may be allowed.
3. Counsel for the respondent/plaintiff opposed the prayer and prayed for its rejection by supporting the impugned order passed by the trial Court.
4. Heard learned counsel for both the parties.
5. From perusal of Order 16 rule 1 (3) of CPC, 1908, it is clear that the Court may, for reasons to be recorded, permit a party to call, whether by summoning thr
The court established that the trial court is obligated to follow the procedural requirements of the CPC regarding witness summons and the issuance of proclamations when a witness fails to appear.
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.
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....
Procedural rules must facilitate justice; courts can allow witness examination to ensure fair proceedings, preserving rights of all parties involved.
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