Mrs.Kamatchi v. S.Chitra
Case brief
What is this about?
This single-page order allowed a witness summons application filed by the applicant to summon an attesting witness for examination in an ancillary suit. The court disregarded objections raised by respondents regarding procedural non-compliance.
What did the court decide?
Directed Registry to issue summons to attesting witness Mr. A.A. Chelliah to be examined as PW2 and list matter before Master-II for recording evidence.
What the court decided
A. No.4475 of 2024 in
T.O.S No.8 of 2017
A.A.NAKKIRAN, J.
This application has been filed by the applicant/plaintiff, to issue witness summons to the attesting witness Mr.A.A.Chelliah residing at Plot 'B" Maruthi Nagar Second Street, Parvathy Nagar, Old Perungalathur, Mudichur, Chennai-600063 to be examined as PW2 in the above suit.
- Heard both side.
- The learned counsel for the respondents /defendants strongly opposed to allow this application stating that though the present application was filed under Order XVI Rule 1 of CPC , this application would not come under the scope of Order XVI Rule 1 of CPC, since the conditions laid down in the particular provisions of CPC shall be adhered by the applicant herein in the suit as stated in the Code. But, this applicant had not presented any list of witnesses before the commencement of trial. He further submitted that the applicant herein ought to have proved the disputed Will under the provisions of Indian Succession Act read with Indian Evidence Act, and not in accordance with the provisions of CPC as claimed by the applicant and hence, this application is not maintainable either on law or on facts and the same is liable to be dismissed.
A.A.NAKKIRAN, J.
Issues for consideration
1 issue framed by the court
Whether a witness summons application under Order XVI Rule 1 CPC is maintainable despite the absence of a pre-trial witness list.
Parties & counsel
- applicant
Applicant/Plaintiff
- respondent
Respondents/Defendants
Coram
A.A.Nakkiran, J.
Case details
As recorded by the court registry
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