SUNANDA SHARMA Vs. BAHURA DEVI CHOUBEY

JUDGEMENT

(1.) Heard on admission.

(2.) Facts of the present case are that:-

(3.) Learned counsel for the petitioner submits that according to the provisions of Order 16 Rule 2 of CPC, it is not necessary to examine the listed witnesses and the parties to the lis may examine any witness and summons may be issued to such witnesses. In support thereof, he placed reliance on the judgment passed by the Hon'ble Supreme Court rendered in the matter of Mahaboosa Begum & Ors. Versus Tamil Nadu Waqf Board & Anr. reported in (2016) 16 SCC 653 wherein it is held that it would be open to the parties to raise all the contention available to them at law and produce documents which should have been produced by the trial Court. He prays to set-aside the order passed by the learned trial Court.