LALITHA J. RAJ versus AITHAPPA RAJ

LALITHA J. RAJ versus AITHAPPA RAJ

Refusal by trial court to receive the list for summoning witnesses due to delay was illegal where bona fide reasons are furnished and the trial has not started; once sufficient reasons are shown, party may file late witness list.

Parties
Appellant/plaintiff: Lalitha J. Raj; Respondent/defendant: Aithappa Raj
Jurisdiction
India
Judgment Date
27 April 1995
Procedural Posture
Civil Appeal / Appeal by Special Leave From Karnataka High Court Judgment in Revision
Outcome
appeal allowed
Legal Topics
Order 16 Rules 1 and 1(a) List of Witnesses, Powers of Court Regarding Belated Filing of Witness List
Civil Procedure Order 16 Rules 1 and 1(a) List of Witnesses Powers of Court Regarding Belated Filing of Witness List

Case Brief

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Parties

Lalitha J. Raj

Appellant/plaintiff

Aithappa Raj

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal by Special Leave From Karnataka High Court Judgment in Revision

Legal Issues

  1. 1 Whether delay in furnishing list of witnesses under Order 16 Rules 1 and 1(A) of CPC precludes summoning them through court assistance.
  2. 2 Whether reasons furnished for delay are sufficient allowing late filing.

Ratio Decidendi

Refusal by trial court to receive the list for summoning witnesses due to delay was illegal where bona fide reasons are furnished and the trial has not started; once sufficient reasons are shown, party may file late witness list.

Court Disposition

appeal allowed

Orders

  • Orders of trial court and Karnataka High Court set aside.
  • List of witnesses furnished is valid.