SANWAL RAM Vs. AGARWAL AGRO AGENCIES

JUDGEMENT

(1.) THIS is a defendant's revision against the order of the learned Munsif, Bhinmal dated 25 -9 -82, by which the defendant's request for examining the witness, who was present in Court was turned down by the learned Munsif on the ground that the name of this witness was not mentioned in the list of witnesses required to be filed under Order 16 Rule 1 CPC and no reason was mentioned for the non -inclusion of his name in order to enable the court to give permission to examine that witness under Order 16 Rule 1(3).

(2.) I have heat d the earned Counsel for the parties. The controversy appears to have been set at rest by the decision of their lordships of the Supreme Court in Manga Ram v. Brij Mohan : [1983]3SCR525 , It was observed as under: