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BHARTI KOTHARI (practising advocate)     05 July 2017

Query

I examined witness by witness summon asking him to produce certain document however he has deposed what I was expecting but could not produce certified document and therefore the same were not been marked. now I have again made application for recalling of witness for production of document since on the last occassion he has not produced inspite of witness summon asking him to produce. please guide me.



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 1 Replies

Arjun Kohli   05 July 2017

From what I can understand is that you have moved an application before the Court for issuing a summon again to summon a certain document and the Court can definitely issue such a summon on such witness under Order XVI, Rule 6, and Order XVIII, Rule 17 read with S. 151, CPC.

I hope you have carefully described the urgency and importance of the requirements of such document(s) to be produced by the witness, in the filed application. If the court is satisfied, it shall act upon your application. Supporting judgments are always there to weigh in the cause.


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