Defendant witness

inderjeet (Querist) 17 April 2017 This query is : Resolved
Plaintiff wants to summon defendant no.3 & 4 as his witness. Defendant No.3 ex-partie and defendant no.4 not gave his authority letter. Under Rule 14 order 16 can they be summoned. Please advice

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Dr J C Vashista (Expert) 18 April 2017
What is the subject suit? Both can be summoned.

However, if D-3 is ex-parte how can you summon and bring him in witness-box? D-4 need not give any authority letter to plaintiff?

Discuss with a local senior lawyer with all facts of the case.

P. Venu (Expert) 18 April 2017
What is the real issue?

inderjeet (Querist) 18 April 2017
Plaintiff case is pending in labour court and in stage of evidence. My list of witness was denied by Judge that defendant in the present suit cannot be called as witness nor he be summoned. What is the remedy left.

Dr J C Vashista (Expert) 19 April 2017
Labour Court referred by you is Presiding Officer of Industrial Dispute Tribunal or Deputy Labour Commissioner's Court?

Whether you have filed an application calling of so and so as your witness which has been dismissed? If so, move in revision.

inderjeet (Querist) 19 April 2017
Sir, before P.O. of I.D. I submitted list of witness to court for summon the defendant who is party in the case but Judge denied verbally that Head cannot be summoned. In various citation I came arose where plaintiff has every right to call the witness including even if defendant as per law to bring the actual truth before the court. Dear Experts where to move application in revision. please guide.

Dr J C Vashista (Expert) 20 April 2017
Dear Mr. Inderjeet,
1. In an industrial dispute the parties to the case are called as "workman" and "management" and not plaintiff and defendant as you have been mentioning since beginning of this query.
2. Whether the application to call for (summon) "X" as your (workman's) witness by Presiding Officer Industrial Dispute Tribunal has been dismissed? If so, move a revision petition before High Court.
Best wishes

inderjeet (Querist) 20 April 2017
If I approach High Court for directions to be issued by High Court to Presiding Officer for summoning of management as witness by workman will my case pending in Labour court Industrial Tribunal be dismissed

Dr J C Vashista (Expert) 21 April 2017
Seek a long next date of hearing, even if given short date you should move as fast as you can. PO LC cannot dismiss just on one date.

However, on being summoned, do you feel management shall depose against themselves favouring workman?

inderjeet (Querist) 25 April 2017
Judge told verbally that Head of management cannot be called for witness although he is party in the case. Judge have nothing given in writing.

inderjeet (Querist) 28 May 2017
List of witness copy given to OP as order by court to decide on next date whether one of the respondent in the party can be called as plaintiff witness. As per law is there provision that dependent witness can be called as plaintiff witness.

Guest (Expert) 28 May 2017
The defendant witness if do not appear no summon or compulsion would be Possible

Guest (Expert) 28 May 2017
If defendant do not appear it would be Ex Party.

Guest (Expert) 28 May 2017
Most of the Ex Party Orders would favor the Plaintiff in absence of defendants/defendant witness

Guest (Expert) 28 May 2017
Nothing to worry

Guest (Expert) 28 May 2017
Discuss in detail with Local Good Senior Advocate Please

inderjeet (Querist) 09 July 2017
Witness not appeared can warrant be issued

inderjeet (Querist) 09 July 2017
Defendant is party in the case and documents needs to be proved

Defendant witness

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