RAMA NAND & ORS. Vs. SUBHASH & ANR.

JUDGEMENT

(1.) The petitioner has come up in the revision against the order dated 15.11.2014, passed by Civil Judge (Junior Division), Faridabad, whereby an application under Order 16, Rule 1 has been allowed. A perusal of order dated 11.11.2014 (Annexure P/3) shows that on that day no witness of the plaintiff-respondent was present and the matter was adjourned to 15.11.2014 to enable the plaintiff-respondent to record evidence at his own responsibility subject to last opportunity and after that the order dated 15.11.2014 was passed. An application (Annexure P/1) was filed on the same day by the plaintiff-respondent for summoning a list of witnesses and the same was decided vide order dated 15.11.2014.

(2.) Order 16, Rule 1 of the Code of Civil Procedure read as under:-

(3.) As per the above said, clause 3 provides Court with the discretion to allow any party to call any witness other than those whose names appears in the list of witnesses, but only when such party shows some sufficient cause for omission of filing the list of witnesses. The discretion has to be used in the interest of justice and for proper adjudication of rights of both the parties.