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order 16

(Querist) 27 January 2011 This query is : Resolved 
whether plaintiff can examine one of the contesting defendant as his witness by summoning. whether court can give permission.
Amit Minocha (Expert) 28 January 2011
plaintiff can cross examine the defendant , you have to see what stand has been taken in the WS by the defendant
DEFENSE ADVOCATE.-firmaction@g (Expert) 28 January 2011
You can call any body as your witness , but whatever information the witness will volenteer will be treated as your admission.

So be careful from such adventure.
Kirti Kar Tripathi (Expert) 28 January 2011
I agree with Mr. Shashi Kumar. You may summon him but the summoned witness will be treated as your witness. Thus one should be careful from taking such decision.
R.venkatesh Naidu (Expert) 28 January 2011
order 16 rule 21 of c.p.c: RULES AS TO WITNESSES TO APPLY TO PARTIES SUMMONED-
Whether any party to a susit is required to give evidence or to produce a document, the provisions as to witnesses shall apply to him so far as they are applicable.

So, you may sunnoned to him for cross examination.


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