J U D G M E N T

(Dated this the 20 th day of November, 2024) Plaintiffs in a suit for eviction, arrears of rent and damages are the petitioners herein.

Petitioners are challenging Ext.P12 order by which summons were issued to the Witnesses Nos.1 & 2 in Ext.P10 List of Witnesses dated 30.06.2024 submitted by the defendants in the suit. The Witness No. 1 is the Financial Administrator of Arch Diocese of Verapoly and Witness No. 2 is the Secretary, Corporation of Kochi.

2. When this Original Petition was admitted, interim stay was granted with respect to the summoning of Witness No.1. Both sides concede that the documents were produced by the Witness No.2 and hence the purpose of summoning the Witness No.2 is over. Hence the question to be considered in this Original Petition is whether Ext.P12 order issuing summons to Witness No.1 is sustainable or not.

3. I heard the learned counsel for the petitioners, Sri.K.L Joseph and the learned counsel for the respondents,

-4- 2024:KER:87181 Sri. Yash Thomas Mannully.

4. The learned counsel for the petitioners argued that Ext.P12 order is passed in violation of Order 16, Rule 1(2) of CPC which mandates that a party who is desirous of obtaining a