Order xvi sub rule 3 of rule 1 and rul1 1-a.
surjit singh
(Querist) 24 January 2013
This query is : Resolved
I HAVE THREE QUERIES:-
1)Whether a plaintiff can ask a person to depose as plaintiff witness when his name is not listed in the list given under Rule 1 Order 16 CPC, and without preferring an application under Rule 1(3) of O 16.
2) Whether such person/witness as above can depose before the list of witness given by the plaintiff is completed.
3) Whether an application under O 16 Rule 1(3) can be preferred by the plaintiff when the deposition of witness from the plaintiff side is going on, on the ground that the person whom the plaintiff wants to depose as witness is an old and ailing man.
R.K Nanda
(Expert) 24 January 2013
1.no
2.no
3.yes
Advocate Bhartesh goyal
(Expert) 24 January 2013
[1] party to the suit may, without applying for summons under rule 1, bring any witness to give evidence or to
produce documents.
[2]No
[3]yes
surjit singh
(Querist) 30 January 2013
please specify as regard question no.1, taking into consideration the second part of question no.1.
Nadeem Qureshi
(Expert) 31 January 2013
Dear Surjit
Question no. 1 is based on discretion power of the court, the plaintiff has no right to call any unnamed witness but the court may use inherent power u/s 151 of CPC and pass an order to call that witness.
Raj Kumar Makkad
(Expert) 31 January 2013
The list is not taken as hard and fast so far as evidence is concerned so if the pliantiff wants to get examined one more witness, he may do so.
surjit singh
(Querist) 02 February 2013
Whether the plaintiff can bring in any witness whose name is not in the list of witness or in the additional list of witness, without the leave of the court. Grateful if any judgement is cited.In view of section 30 cpc also.
