Civil Procedure Code, 1908 (V of 1908) Order 16, -
Objection that the reasons for summoning witnesses have not been given is surely a valid one - A party will not have a liberty of citing several witnesses without taking the court to
confidence why the court's process was being taken to summon a particular witness - I will find the provision under Order 16 requiring the purpose for which the witness was to be examined has
a salutary principle to put parties on guard of why certain witnesses are being sought to be summoned - Trial Court itself should have insisted on an appropriate petition under Order 16 Rule
1 CPC and not merely a list of witnesses as it has obtained - I will find that to be not too serious an error to constitute any illegality. (174) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 16, Rule 1(2), (3) - The
trial court has summoned the witnesses of the plaintiff-company mentioned in its application - Once the trial Court has summoned its witnesses on furnishing process fee, depositing diet money
and their expenses, in that eventuality, the defendant-company has no legal right to move an application to stop their Examination in the Court. (175) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 16, Rule
1(3) - List of witnesses - Not a dispute between the parties before this Court that no list of witnesses was given by the plaintiff after framing of the issues - This omission on the part of
the plaintiff-respondent necessitated filing of the present application - Only evidence of the plaintiff-respondent and cross-examination had been recorded, even though a list of witnesses
have been provided - Now in the present application, it would amount to be a first list, which the plaintiff-respondent should have been filed - Court rightly allowed the
Civil Procedure Code, 1908 (V of 1908) Order 16, Rule 10, Section 32 -
Trial Court is enjoined upon an obligation to ensure the presence of the witness summoned through the process of the Court, therefore, order impugned for closing evidence of plaintiff is not
sustainable. (182) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 16, Rule 10 - Summoned
witness - When the bailable warrants had been issued by the trial Court, this step of issuance of bailable warrants against the witnesses of the petitioners by the trial Court should have
been taken to logical conclusion - These bailable warrants should have been served and if the agency of the trial Court failed to serve the bailable warrants upon the witnesses, then that
exercise should have been repeated and under any condition, these witnesses were to be served with bailable warrants - If after service of bailable warrants, these witnesses failed to appear,
in that event, the warrants of arrest were required to be issued against these witnesses and for serving them through warrants of arrest, coercive steps should have been taken by the trial
Court - Order closing evidence - Set aside. (175) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 16, Rule 12
- Trial Court ought not to have closed the evidence by order in case witness despite having issued bailable warrants not appeared and should have resorted to the procedure strictly provided
under Order 16 Rule 12.(182) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 16, Rule 14 - There was a
complaint by the plaintiffs that the answers to the interrogatories were not complete - Thereafter the plaintiffs (therein) fled a list of witnesses - In that list, they included the name of
defendant Nos.1 to 8 as witnesses to be examined on their behalf - The application to summon defendant Nos.1 to 8 as witnesses filed by the plaintiffs was dismissed - Order upheld. (175)
Civil Procedure Code, 1908 (V of 1908) Order 16, Rule 19 - Mere fact
that the plaintiff-company has not mentioned the names of witnesses and documents produced in its plaint, ipso facto, is not a ground, muchless cogent, to negate the plea to summon its
witnesses as the plaintiff-company was not legally required to mention the names of witnesses and the evidence/documents sought to be produced in the plaint. (175) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 16, XI - The provisions
of Order XVI of the Code have not to be confused with the provisions of Order XI of the Code concerning discovery and inspection. (176) P.L.R. (Del.)