...1999 and Amendment Act 22 of 2002.3. Writ Petition (C) No. 496 of 2002 was filed by the Salem Advocate Bar Association and after notice was issued the petitioner sought...file an affidavit. It often happens that the witness may not be under the control of the party who wants to rely upon his evidence and that witness may have to be summoned through court. Order 16 Rule 1 pr...under Order 16 Rule 1, the stringent provision of Order 18 Rule 4 may not apply. When summons are issued, the court can give an option to the witness summoned either to file an affidavit by way of...

...file certain documents which was not allowed by the trial court on the ground that a witness could not be allowed to produce documents under Order 16 Rule 1 of the Code of Civil Procedure (in shor...“the Code”) as the term “production”, as mentioned in Order 16 Rule 1 of the Code shall mean that the witness can be summoned to bring the record to prove the documents placed on record by the parties...rejection of the aforesaid prayer of the respondent was raised that a witness under Order 16 Rule 1 read with Rule 1-A of the Code cannot produce documents as it envisages that a witness ...

...shown for not filing the list. It is true that Order 16, Rule 1, C. P. C., does not conceive and contemplate a situation of non-filing of the list, but from that, it ...Order 16 Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC'), seeking to reopen his evidence and summon the Sub-Registrar, Medchal-Malkjagiri, along with records pertain...both parties, though observing that the Respondent No.1 herein had neither filed any list of witnesses as contemplated under Order 16 Rule 1 of CPC nor...

...evidence. An objection was, however, raised on behalf of the contesting respondent that as the appellant had not filed any list of her witnesses under Order 16, Rule ...that she was not entitled to produce any evidence in view of the fact that she had not filed a list of her witnesses as required by Order 16, Rule 1, C. P. C....did on Order 16, Rule 1, C. P. C. He placed strong reliance In support of his contention on the judgment of a learned single Judge of this Co...

...Order 16 Rule 1 of the Code of Civil Procedure. Facts giving rise to filing of the writ petition, briefly stated, are that the petitioner filed...of eviction of the respondent on the grounds enumerated under section 12(1)(a), (c), (d) and (f) of the M.P. Accommodation Control Act, 1961. The petitioner filed an.... Thereafter, the petitioner filed an application under Order 16 Rule 1 of the Code of Civil Procedure which has been rejected by the trial Court vide impugned order...

.... C. Because, the impugned order is against the settled principle of law laid down under Order 16 Rule 1 of C.P.C. D....committed the illegality to not provide the opportunity to produce the best evidence in his favour before the trial Court. E. Because, order 16 Rule 1 of C.P.C is not... IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE...

...instance of the party who applied under Order 16, Rule 1, Civil P. C. it is for the Court to consider whether or not an adjournment should be granted. (5) The Co...may not refuse to order an application under Order 16, Rule 1, Civil P. C. on the ground that the evidence, if produced, may not be of any help to the applicant. ... C/SCA/1580/2025 ORDER DATED: 21/03/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R...

...assistance of the Court under Order 16 Rule 1 (3) of the Code. Trial court also failed to mark the attendance of the petitioner who was present on the date ....8. Relevant provisions of Order 16 Rule 1 and 1A of the Code read as under:-“1. List of witnesses and summons to witnesses-(1) On or before s...first date for petitioner's evidence, since on 17.5.2010, petitioner No. 2 was cross-examined.10. In application under Order 16 Rule 1 sub-rule (3) of the Code...

...adjournment is made at the instance of the party who applied under Order 16, Rule 1, Civil P. C. it is for the Court to consider whether or not an adjournment should be...passing the impugned order.10. The Court below could definitely be said to have not kept in mind the provisions of Order 16, Rule 1, C.P.C...application by the parties. In most matters of applications filed under Order 16, Rule 1, C.P.C. the Court has to issue summons as prayed for by the plaintiff except in cases...

...1. This revision raises an important question of law as to the interpretation of Order 16, Rule 1 and Rule 1A, C. P. C. It arises under th...the defendant has not filed any list of witnesses within fifteen days after framing of the issues under Order 16, Rule 1, C. P. C. and has been neglig...to this application was filed by the plaintiff, in which an objection was raised that the provision of Order 16, Rule 1, C. P. C., is mandatory and as no list ...

...filed.13. After the amendment of Order 16 Rule 1 in England, it was held by the Court of Appeal in England in ...388 (CA), All ER p. 393 C-D)“Broadly speaking, where claims by or against different parties involve or may involve a common question of law or fact...somewhat embarrassing, especially as some of the questions that will arise so far as property A is concerned, will have no bearing upon the claim as regards properties B, C, D and E and also because the...

...delay in submitting the list, but the Court said that "if the delay of one day can be condoned, it can be condoned for any period and the very purpose of Order 16, Rule 1, Civil...Order 16, Rule 1 as amended by the Rajasthan High Court can be extended by virtue of Section 5 ...it applies to all applications except those under Order 21, Civil P. C. 2. That it also applies to all special or local enactments unless specifically excluded by any of them...

...Order 16, Rule 1, Civil P. C. on the ground that the evidence, if produced, may not be of any help to the applicant. (6) Though Order 16, ... C/SCA/9303/2025 ORDER DATED: 14/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD...down the following propositions. (1) Under Order 16, Rule 1, C.P.C. it is the right of the party at any stage of the suit to make an application to the Court s...

... DATED 23.03.2022 PASSED IN O.S.NO.61/2016 ON THE APPLICATION UNDER ORDER 16 RULE 1 AND 2 OF CPC BY LEARNED SENIOR CIVIL JUDGE AND JMFC...petition challenging the order dated 23.03.2022, by which, an application under Order 16 Rule 1 and 2 of Code of Civil Procedure filed by the plaintiff was allowed and the list of witness...of upholding the order passed by the trial Court and the trial Court is directed to permit the defendant to cross-examine the witnesses who are cited in the application filed under Order 16 Rule 1 ...

...-alia on the ground that under Order 16 Rule 1 of C.P.C, the parties are required to file the list of witnesses, whom they wish to examine, within 15 days of se...issues. The learned trial Court has noticed Order 16 Rule 1(3) of C.P.C to find that, the Court can permit the party to call any other witness (not appearing in the list ...respondents. However, none appears for the respondents, though served. As such, the petition is taken up for final disposal and is being disposed of accordingly.3. The petitioner/defendant had...

...held that while furnishing the list due compliance of Order 16, Rule 1, C.P.C has been made. Aggrieved by the said order the petitioner has come up in revision before this...decide the revision petition ex parte.6. I have gone through the order impugned and also the record, in particular the list of witnesses.7. Order 16, Rule ...feature of our judicial system. If that be so then in every case when an application is made in terms of Order 16, Rule 1, C.P.C court has to apply its mind and restrict...

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...been filed against the order dated 17.08.2022 passed by the Civil Judge, Class II, Simga, District Baloda Bazar in Civil Suit No.18-A/2018, whereby the petitioner's application under Order 16 Rule 1 of..., Suhala and when the matter was fixed for examination of plaintiff witnesses, during the examination, he moved an application under Order 16 Rule 1 for summoning the government officials i.e...under Order 16 Rule 1 of CPC and had prayed to summon the official witnesses to prove its case by relevant documents, by dismissal of the application, the trial Court had adopted a very hyper tech...

...instance of the party who applied under Order 16, Rule 1, Civil P. C. it is for the Court to consider whether or not an adjournment should be granted. Page 6 of 8... (5) The Court may not refuse to order an application under Order 16, Rule 1, Civil P. C. on the ground that the evidence, if produced, ma... C/SCA/15646/2023 ORDER DATED: 22/11/2024 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R...

...instance of the party who applied under Order 16, Rule 1, Civil P. C. it is for the Court to consider whether or not an adjournment should be granted. (5) The Court m...not refuse to order an application under Order 16, Rule 1, Civil P. C. on the ground that the evidence, if produced, may not be of any help to the applicant. (6) Thou... C/SCA/13256/2025 ORDER DATED: 23/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD...