Summons to witnesses
Querist :
Anonymous
(Querist) 07 September 2011
This query is : Resolved
I am the petitioner of a civil case. I had filed my list of witnesses but due to certain circumstances they refused to give their evidence in affidavit. They said that if the court send summons they will come and depose. So I filed application for summons under Order XVI CPC. The application was rejected on the grounds of delay (application filed several months after filing list of witnesses).
Thereafter, I was able to convince some of the witnesses to give their evidence on affidavit. As I still had about 6 witnesses who were not willing to do so, I filed application for summons as Court Witnesses under Order XVI, rule 14. This was also rejected on grounds that O. XVI, rule 14 is the sole prerogative of the Court and party cannot filed application under said provision.
I desperately need the evidence of the concerned witnesses, what do I do? Please help. (citations is a necessity)
Thank you.
Guest
(Expert) 07 September 2011
That why though court orders the parties to file list of witness will not file the list of witnesses. because the parties may winover the witnesses. anyhow if you file batta memo to the witnesses then only the court will issue summons. It is the parties desire to examine him or not. ask your witness to appear to court or bring them yourself. or go for revision.
Devajyoti Barman
(Expert) 07 September 2011
The order of the court is misdirected. The court can reject summoning the witnesses only if it finds that his evidence is not required in the merit of the case.
If you think that their evidence is important for the ends of justice of the case then go for revision against the said order.
prabhakar singh
(Expert) 07 September 2011
yes Mr. Barman is right.
The court has refused to act for jurisdiction vested in it which keeps you deprived from proving your case hence an irreparable injury is caused to you hence a revision lies against the impugned order.
Querist :
Anonymous
(Querist) 08 September 2011
Thank you to all the experts
Querist :
Anonymous
(Querist) 09 September 2011
can any of you'll help me with citations?
