DINESH SINGH BHIM SINGH Vs. VINOD SHOBHRAJ GAJARIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of parties, Petition is heard finally.

(2.) The Petitioner/Defendant assails order dtd. 26/8/2022 passed by the Civil Judge Senior Division, Vasai, on Application below Exhibit 52 allowing the prayer of Plaintiffs/Respondents to issue witness summons.

(3.) The objection of the Petitioner/Defendant to the order dtd. 26/8/2022 is that the Respondents/Plaintiffs in the first instance had failed to file list of witnesses as mandated under Order XVI Rule 1 of Code of Civil Procedure (hereinafter referred to as 'CPC '). Having failed to file list of witnesses under that provision, it was incumbent on the Respondents/ Plaintiffs to show sufficient cause for seeking issuance of witnesses summons to additional witnesses under the provisions of Sub-rule 3 of Rule 1 of Order XVI of CPC. It is contended that since no sufficient cause was pleaded nor shown, the trial court has erred in allowing the Application and issued summons to witnesses whose names were not included in the list of witnesses to be filed under the provisions of sub-rule 1 of Rule 1 of Order XVI of CPC