Can petitioner cancel the issued summons to the witness?
mrgop
(Querist) 08 May 2014
This query is : Resolved
The court approved the witness list submitted by the petitioner and posted the case to next date for the examination of the 1st witness in the list. The petitioner agreed to take steps to send summons to 1st witness through registered post.
Now, can the petitioner not to take the steps to send the summons, and on next date ask the Judge to exclude the 1st witness from witness list and proceed to 2nd witness?
Lawyer SALEEMA KABEER
(Expert) 08 May 2014
Yes. At the option of party, listed witness of their own side can be dispensed.
Note that the party has to face the consequences of non-examination of any required witness.
Sankaranarayanan
(Expert) 09 May 2014
Yes I too agreed my learned friend s. Suggestion