CPC Case Brief – Mange Ram v. Brij Mohan

Spread the love

You can grab notes on other topics of CPC here.

Facts – In the trial court, appellant wanted to present more witness than he had given names for to be examined as a witness. The trial court rejected the application on basis of its understanding of CPC and rules framed by concerned High Court.

Issue – Where a party to a proceeding does not wish to have the assistance of the Court for the purpose of procuring the attendance of a witness or witnesses, could he be denied the privilege of examining witnesses kept present by him on the date fixed for recording his evidence, on the sole ground that the names of the witnesses and the gist of evidence have not been set out in the list which may or ought to have been filed in compliance with Order XVI Rule 1  (talks about procedure for summoning witnesses) of the CPC?

Holding – Order XVI Rule1,2,3 (talks about procedure to summon a witness and to pay his expenses) – If the requirements of these provisions are conjointly read and properly analysed, it clearly transpires that the obligation to supply the list as well as the gist of the evidence of each witness whose name is entered in the list has to be carried out in respect of those witnesses for procuring whose attendance the party needs the assistance of the court.

Rules framed by High Court applicable to only the witness whom the parties desire to examine and procure presence with the assistance of the Court.

Where the party would be in a position to produce its witnesses without the assistance of the Court, it can do so under Rule 1A of Order XVI irrespective of the fact whether the name of such witness is mentioned in the list or not.      The Court can decline to examine these witnesses only under the proviso to Subsection (1) of Section 87 of the ‘1951 Act’ which enables the Court for reasons to be recorded in writing, to refuse to examine any witness or witnesses if it is of the opinion that the evidence of such witness or witnesses is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delaying the proceedings.

You can grab notes on other topics of CPC here.

 


Spread the love

Leave a Reply

Your email address will not be published. Required fields are marked *