SANJAY SHAM BAGADE Vs. RAMESH HARI MADAN

JUDGEMENT

(1.) The above Writ Petition filed under Article 227 of the Constitution of India takes exception to the order dated 15/03/2005 passed by the Joint Civil Judge, Junior Division, Kalyan by which order the application Exhibit 28 filed by the Respondent/Orgi. Plaintiff for summoning the witnesses through court was held not maintainable. However, the Plaintiff was allowed to produce the said witnesses and examine them in view of the provisions of Order XVI Rule 1A of the Code of Civil Procedure.

(2.) A short question therefore which arises for consideration is whether the court could have allowed the Plaintiff to produce and examine the witnesses having regard to Order XVI Rule 1A of the Code of Civil Procedure.

(3.) In the suit in question being Regular Civil Suit No.289 of 1999 the Plaintiff had examined himself. It is an undisputed position that the Plaintiff had not filed the list of witnesses who he desired to examine and in respect of whom he desired that the summons be issued. It is after the examination of the Plaintiff was over that the Plaintiff had filed an application on 17/08/2004 for the witness summons being issued to two persons i.e. one Ambavane Kishor and one Shri Sunil Joshi, the Executive Engineer, Kalyan Dombivali Municipal Corporation. Except asking for summons be issued to the said two persons, nothing else was stated by the Plaintiff. The said application filed by the Plaintiff was opposed on behalf of the Defendants i.e. the Petitioners herein. The opposition was principally on the ground that since the persons in respect of whom the Plaintiff wanted summons be issued were not cited as witnesses in any list filed by the Plaintiff, the Plaintiff ought to give the reasons as to why he wanted to examine them and as to why their names were not appearing in the list of witnesses when the Plaintiff desired to examine them.