Late filing of list of witness

Guest (Querist) 02 September 2010 This query is : Resolved
We were supposed to file a list of witness but my advocate did not do that.On last date our advocates did a cross of the witness of the opponent party,now we feel that we should call two witnesses to prove our side.Can we file a list of witness at this point of time and would that be maintainable in the court? Mine advocate says that the court can consider our application with some cost.

We want to call some RTI officials/PIO who answered our applications which prove our case.

Please Guide,what are our chances?

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Koumarish Bhattacharya (Expert) 03 September 2010
In a Complaint case, a list of witnesses must be filed before the issue of process. Even so, it is curable u/s 465 Cr.P.C. A supplementary list of witnesses may be filed in Court after the original list had been filed. In the interest of justice, the Magistrate may allow any witness not included in the list to be examined as a witness.

s.subramanian (Expert) 03 September 2010
Yes.you can file it. There is no bar. As pointed out by your advocates some cost will be imposed due to delay which you have to deposit in court.

adv. rajeev ( rajoo ) (Expert) 03 September 2010
File an application to call the wittness, it can be done cost will be imposed.

Uma parameswaran (Expert) 03 September 2010
The information passed by your Advocate is correct.

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