M.SHARADAMMA Vs. KIRAN KUMAR

JUDGEMENT

(1.) This writ petition is filed challenging the order dtd. 12/9/2019 passed on I.A.No.15 in O.S.No.80/2017 by the II Additional Senior Civil Judge and JMFC, Davanagere.

(2.) Heard.

(3.) Sri.Deepak S. Shetty, learned counsel appearing for the petitioners submits that the Trial Court committed a grave error in allowing an application filed by the respondent No.1 to summon the witness. The Trial Court allowed the application to summon the petitioner No.1-defendant No.1 as a witness on behalf of the plaintiff-respondent No.1, which is contrary to the settled principles of law. It is submitted that the plaintiffrespondent No.1 has to prove the case based on his pleadings and evidence and he cannot compel the petitioner No.1- defendant No.1 to speak in the witness box in his favour. It is further submitted that the respondent No.1 examined 3 witnesses. During the cross-examination, there were admissions with regard to the execution of the alleged sale agreement and PWs-2 and 3 also gave inconsistent evidence and to overcome the same, such application is filed which was allowed by the Trial Court. There cannot be summoning of the opponent as a witness in the Court. In support of his contentions, he placed reliance on the following decisions: