Calling of witness

raju (Querist) 01 April 2025 This query is : Resolved
THAT WITNESS WAS CALLED ALONGWITH RECORDS. ON THE FIXED DATE WITNESS APPEARED BUT WITHOUT COPIES OF RECORD. THE COURT BOUND FOR THE NEXT DATE. MY QUERY FOR THE NEXT DATE DO WITNESS HAS TO BE RE-SUMMONED. PLEASE ADVICE

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A witness was summoned to court with specific records, but they appeared without the documents. The court adjourned to a future date. The question is whether the witness needs to be re-summoned. The consensus is that if the court has 'bound over' the witness, meaning they've issued a legal order for them to appear on the next date, a fresh summons is not required as the witness is already legally obligated to attend.

T. Kalaiselvan, Advocate (Expert) 01 April 2025
The witness was suitably instructed by court to appear on the next date with the documents hence the witness is bound by the court order.

Advocate Bhartesh goyal (Expert) 01 April 2025
No, when a court " binds over " a witness it means the court has issued a legal order regarding the witness to appear in a court at a specific date .

Dr. J C Vashista (Expert) 06 April 2025
Need not to re-summon as the witness is bound down for next date.

T. Kalaiselvan, Advocate (Expert) 25 May 2025
A fresh summons is generally not required when a court binds over a witness.
A witness is bound over by the court to appear and testify at a future date, and that order typically constitutes their obligation to attend.
The binding over order itself serves as the summons for the witness to appear at the scheduled date and time.
A separate, formal summons is not usually necessary.

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