Issuing of summon for calling witnesses after long period of time
Raj
(Querist) 16 May 2015
This query is : Resolved
Sir,
My civil case for hearing was listed on 5 April 2015..and in the evening issues were framed we enquired about the order and we awere wrongly informed that no order was passed and order was not even uploaded on net but we came across through record cleark that order was passed and issues were settled and in the order 3 days time was given to furnish the list of witnesses failing which thee petitioner has to bring the witnesses at their own risk.since we are living in different city and next date of hearing is 29 may 2015 and we will be going on 21 may 2015.
can we file the application for issuing summoning of witnesses with explanation of delay?
one of the witnsess is very old person, can we specify in the lit that commission to be ordered under order 26 rule 2? or we should move in next date when the court admit the list of witnsses?
Advocate Bhartesh goyal
(Expert) 16 May 2015
Yes file an application u/o 16 r 1 of cpc along with delay condone application.
,After having allowed the said applications file another application u/o 26 r 2 of cpc
Rajendra K Goyal
(Expert) 17 May 2015
You can approach the court through application in the matter.
