RAGHUNATH PERSHAD DIED Vs. JANAKI BAI

JUDGEMENT

(1.) This revision arises out of the order dated 22-2-1999 in IA 80 of 1999 in OS 803 of 1991 on the file of the Court of XIX Junior Civil Judge, City Civil Court, refusing to issue summons to two witnesses, who are party-defendants in the suit.

(2.) The revision petitioner filed the suit seeking a direction for defendants to deliver certain articles, and filed IA 80 of 1999 in the said suit requesting the Court to issue summons to six witnesses giving reasons for citing them as witnesses. The said application was opposed by the respondents on the ground that some of the witnesses, who are cited therein, are parties to the suit and so, no summons can be issued to them. The learned Junior Civil Judge allowed the petition in respect of witnesses 1 to 3 and 5 cited, and refused to issue summons to witnesses 4 and 6 mentioned in the petition because they are defendants in the suit, on the ground that the Counsel for the revision petitioner did not show any decision that the plaintiff can summon the opposite party as a witness. Aggrieved thereby, this revision is filed.

(3.) Rule 21 of Order 16 CPC, as amended by Madras High Court, which is adopted by this High Court also, reads as follows: