SHYAMLAL SAO Vs. BABLU RAKHIT

JUDGEMENT

(1.) -This Civil Order is directed against the Order No. 148 dated 14.12.91, passed by the learned Munsif, Purulia in Title Suit No. 30 of 1983, according the prayer of the defendants to issue summons upon the witnesses disclosed in the petition.

(2.) To understand the contention, a few antecedent facts need be stated. The defendants did not put in any list of witnesses within the time stipulated by the Court for issuance of the summons. The list of such witnesses must be lodged with the Court within 15 days after the date on which the issues are settled. The defendant-petitioner to the reason best known to him failed to harvest the right, as adumbrated in order 16 and, thereafter, preferred an application for issuance of summons before the Court which was in se sin of the matter.

(3.) The plaintiffs in obedience to the provision of law resorted to Order 16 Rule 1 of the Code of Civil Procedure and to harvest success have resisted the prayer of the defendant seeking issuance of summons on the witness disclosed in the petition.