Cpc

Querist : Anonymous (Querist) 16 December 2011 This query is : Resolved
Sir(s), CAN YOU PLEASE INFORM ORDER XVI RULE 17 & ORDER VIII RULE 1[3] OF CPC..
Can defendant be called for examination in chief & production of documents (unmarked/not exhibited inspite of having them with him) when every thing is over & the suit is at stage of arguments?
Cross of both is also over.
Pls guide & provide above if you can.

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ajay sethi (Expert) 16 December 2011
1)Rule 21 of Order XVI of the C.P.C. which provides that, "Where any party to a suit is required to give evidence or to produce a document, the provisions as to witnesses shall apply to him so far as they are applicable.'' In other words, the said rule clearly indicates that a party to a suit can seek assistance of the Court to examine the opposite party in the same suit as his witness and require such opposite party to produce a document or documents.

2)although your application is at a belated stage when evidence has been closed the court may permit you to call defendant as your witness if you are bale to satisfy the court as to its necessity

Nadeem Qureshi (Expert) 16 December 2011
ajay sethi isrightly explined

DEFENSE ADVOCATE.-firmaction@g (Expert) 16 December 2011
In case you call defendant as your witness than whatever information he/she volunteers will be admission on your part.

Raj Kumar Makkad (Expert) 16 December 2011
First of all application for additional evidence is required to be got admitted and only then such application is maintainable in the given case. Evidence has already been closed and case is posted for argument. There is little hope to get accepted these 2 applications at this fag end of litigation but there is no harm to try for this process.

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