s v desai (lecturer) 25 October 2023
Shashi Dhara 25 October 2023
You can file objections the court will decide after arguments and pass orders.
T. Kalaiselvan, Advocate (Advocate) 26 October 2023
Though, a period of 15 days has been prescribed under Order 16 Rule 1 of CPC for the purpose of providing list of witnesses to the Court, however, once the court has been given power under sub-Rule 3 of Rule 16 to permit any party to summon any witness other than the witnesses named in the list referred to in sub-rule .There cannot be any amount of dispute that Order XVI Rule 1(2) of the CPC lays down that the party desirous of obtaining any summons for the attendance of any person shall file in court an application stating there the purpose for which the witness is proposed to be summoned and for any reason, such application can be allowed.
If the Respondents/Plaintiffs in present case is denied an opportunity of examining the two additional witnesses for technical lapse of non inclusion of their names in the list of witnesses or for non-showing of sufficient cause in the application, the same would result in miscarriage of justice. In the event of Respondents/Plaintiffs being successful in proving that the transaction in question is that of a Will by examining the said two additional witnesses, the same would have a material bearing on the result of litigation. In such circumstances, Court would not deny them the opportunity by showing technical rules of procedure,
s v desai (lecturer) 26 October 2023
T. Kalaiselvan, Advocate (Advocate) 26 October 2023
If he has filed the petition to summon the said witnesses who have been mentioned in the latest list iof witness, you would have been given a copy of the same to file your objection.
You can file your objection on the points you rely upon.
However since the appellate court has passed an order to the trial court to permit him to produce witnesses, your objections may not fetch you any relief as desired by you, but that will not prevent you from filing your objections.
s v desai (lecturer) 26 October 2023
Shashi Dhara 26 October 2023
Civil suit has no end until compromised so object argue it may be allowed or dismissed ifallowed opposite appeal,dismissed petitioner appeal it has no end.
T. Kalaiselvan, Advocate (Advocate) 26 October 2023
The cases are not conducted on the logical reasoning. It is based on the provisions of applicable law to each and every circumstances of the case.
You have a valid observation, and you can object his application on this point too, court will not ask you to withdraw your objection.
However you must bear it in mind that the trial court will follow the instructions of the appellate court only, hence the decision is a pre-determined one.
Therefore you are helpless in this suituation, hence you have to accept the decision without any choice.
Thus instead of concentrating on the maintainability of this application, you can prepare the strategies to extract contradiction or nullify the evidence deposed by the fresh witnesses during your cross examination.
P. Venu (Advocate) 27 October 2023
The Trial Court by the directions of the Appellate Court. So also, it is well settled that no litigant should suffer for the mistake of his advocate.
In my considered opinion, there is no point in objecting to the steps for summoning of the attesting witnesses. Your remedy, obviously, was in preferring Appeal against the Order for retrial.