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Redeye (Director)     09 April 2017

Which date is the date of settlement of issues

Quoting from Crpc section  Order 16 -- Summoning and Attendance of witnesses: on witnesses

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Order 16 -- Summoning and Attendance of witnesses:

Rule 1. List of witnesses and summons to witnesses.

(1) On or before such date as the Court may appoint, and not later than fifteen days after the date on which the issues are settled, the parties shall present in Court a list of witnesses when they propose to call either to give evidence or to produce documents and obtain summons to such persons for their attendance in Court.
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Can some one please clarify in a civil suit which  is the date when the Issues (as mentioned in e in the crpc section quoted above ) are settled?Is it the date when the Trial commences or some other date ?



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 4 Replies

Dr. Atul [9013898936] (Lawyer, Scholar)     09 April 2017

I think it'd be better if you put your factual query. Because it is not exactly the way you relate settlement of issues with commencement of trial; rather, its the other way round. Commencement of a trial is a question of fact and law and the proper question is not whether issues are framed when trial commences, but whether trial is said to commence when issue are framed!

As it is, Settlement of Issues under Order 14 happens after the Defendant has entered appearance, has filed a Written Statement and the Plaintiff has filed a Replication thereto.

1 Like

Redeye (Director)     09 April 2017

@Atul Sir.Thanks for y our reply.I am sorry i did not give the factual position earlier since i am new to legal issues & am fighting a false case against me as a part in person as defendant

The facts of the case as it satnds today are as follow

The cross examnination of the plaintiff t was  over on 07 Apr 2017 & the defendant (i.e. self ) will be filing his Evidence affidavit on  13 Apr 2017.

Till now the defendant has not submitted any list of witneeses to the court & he wants to do it on 13 Apr 2017 to counter many lies stated by the plaintiff during his cross examination.

Now the defendant wants to file his list of witnesses on 13 Apr 2017 after his cross examination.Is he allowed to do so now & is he required to do file a written application or an oral submission to the court

The witnesses are two people who have first handl knowldge of the case & have agreed to give witness in the case

Is there also a requirement that the manes of these witnesses had appeared in any of the earlier statement like written statement or Evidence affidavit

One of the witnesses name does appear in the writte statement though at that time it was not envisaged that he would be required to be called as a witness.The need of the witnesses camne only after the lies pepetrated by the plintiff during his cross exmaination on 07 Apr

Since there is a stipulation that the names of witnesses have to be submitted with in 15 days of settlement of issues i am having the doubt given in my question

Dr. Atul [9013898936] (Lawyer, Scholar)     09 April 2017

Huh!!! I'm kinda lost here. The Plaintiff has been cross-examined and the Defendant is filing his List of Witnesses AND Evidence by way of Affidavit AFTER THAT ??? List of Witnesses are filed before recording of evidence actually starts !!!

Regardless of that, it's not necessary for the Witnesses' name to appear in the Written Statement. But it'd be advisable to mention them in your own Evidence Affidavit.

1 Like

Redeye (Director)     09 April 2017

@Atul Sir.Thanks

 

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