Application for allowing production of witnesses for examin
amol
(Querist) 01 November 2012
This query is : Resolved
The Circumstances are as under
Marriage Petition filed in CJSD Kalyan
in which WS filed by opp party
Petitioner filed Affi Evidence
he was examined and Cross Exam
thereafter Respont Filed their Evidence Affi
on the same date the Petitioner moved an application to allow hom to call the witnesses to examine them to lead evidence . Imp thing is that in the roznama till that date no appli was filed or pending for closing of petitioner's evidence
though the CjSD has rejected the appli of petitioner on the ground that he failed to submit the list of witness as per O 16 R 1(1) CPC observing further in the order that it is not choice of the parties to file any appli at any time and for one more ground that evidence of the respondent is opened now
so these are the only three main reasons application is rejected please suggest the remedies and the Law point or judgement of any High COurt or Supreme Court please thanks
Devajyoti Barman
(Expert) 01 November 2012
The order of the court is bad as the court can recall the witnesses for reexamination and for this providing list of witnesses is optional.
For citation make google search.
JANAK RAJ VATSA
(Expert) 01 November 2012
order 16 rule 4 allows witnesses omitted by the party on request to the court with reasons for omission.
V R SHROFF
(Expert) 01 November 2012
As pursis for closure of evidence not filed by petitioner, Court cannot rejected the appli of petitioner
