SHIMBHURAM Vs. LAKHARAM

JUDGEMENT

(1.) A short but important question of law relating to the scope and applicability of the provisions of Order XVI, Rule 1-A, Civil P. C., is involved in this revision, which has been directed against the order dated May 9, 1979 passed by Munsif, Nagaur, declining to examine the defendant-petitioner's witness whose name was not mentioned in the list of witnesses but who was brought by him for examination in court.

(2.) The plaintiff-non-petitioner instituted a suit for the recovery of Rs. 2500/- in the court of Munsif, Nagaur. The suit was resisted by the defendant-petitioner. During the pendency of the trial, the defendant did not submit any list of witnesses under Order XVI, Rule 1, Civil P. C. Prior to the amendment of the Civil P. C. 1908 (No. V of 1908) by the Civil P. C. (Amendment) Act (No. CIV of 1976), Order XVI, Rule 1, as amended in Rajasthan, and relevant for the present purpose, read as under, --

(3.) I have had advantage of hearing learned counsel for the petitioner only as nobody appeared on behalf of the plaintiff-non-petitioner despite service.