P SUBRAHMANYAM CHETTU Vs. K ELLAPPA REDDY

JUDGEMENT

(1.) This revision petition at the instance of the defendant arises out of an application filed under Order 16 Rule 14 C P C to summon Semar.u Yellappareddy and examine him as a court witness.

(2.) The court below declined to do so holding that the defendent cannot as a matter of right seek the examination of a person as a court witness and it is purely discretionary and the court may do so on its own accord only. Order 16 Rule 14 C. P. C. is as follows: -

(3.) The court below erred in holding that the application cannot be entertained as it is the court only that should take initiative in the matter. There is no bar for such application and the move by the parties may be considered as bringing to the notice of the court and thereupon it is for the court to invoke power under Order 16 Rule 14 C.P.C.