Judgments of Daily Usage
2020 SCMR 2155
Civil Procedure Code (V of 1908)--- ---0. XVI, R. 1---Summoning and attendance of witnesses---List of witnesses presented in court---Embargo on calling any witness outside the said list--Marginal witnesses and arbitrator of agreement---In the present case list of witnesses as required under 0. XVI, R. 1(1), C.P.C. was not available on record--Consequently, an application was moved by the plaintif seeking permission to produce two marginal witnesses of the agreement, which was the subject-matter of the suit and was duly produced and exhibited by the plaintiff in his evidence, and one arbitrator.of the said agreement---Held, that the witnesses sought to be produced were marginal witnesses of the agreement and the arbitrator of the said agreement---Said agreement which found mention in the plaint, had been produced and exhibited by the plaintif in his evidence---In suth circumstances the plaintiff was entitled to produce witnesses on his own motion as of right on the day of recording of evidence even if no application had been made--Supreme Court directed that the Trial Court shall allow the production of two witnesses to the agreement and the arbitrator, and the plaintiff shall produce all the witnesses together for recording of the evidence on the same day--- Petition for leave to appeal was converted into appeal and allowed.
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