Witness

inderjeet (Querist) 23 February 2017 This query is : Resolved
Case filed for recovery. Defendant not filed written statement and application under order 7 rule 11. Reply filed. For proper jurisdiction and limitations I require to call one witness. Can I pray to court for summoning of the witness for proper deciding on the application.

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Advocate Bhartesh goyal (Expert) 24 February 2017
Objections regarding jurisdiction and limitation are legal for which no any witness is required.

Adv. Yogen Kakade (Expert) 24 February 2017
Rightly stated by Mr. Goyal

M V Gupta (Expert) 24 February 2017
I agree with the experts. File rejoinder to the Defendant's reply justifying the jurisdiction and limitation aspects.

inderjeet (Querist) 24 February 2017
Yes but some documents and it's places are registered to defendant name which his statement before the court is very much necessary. Hence can I plead before the court to summon the defendant who is ex-parte to appear before court.

inderjeet (Querist) 25 February 2017
Please reply. I have already submitted reply to application. Now for want of evidence I want to summon one of the defendant in the present case for deciding on the application to under order 7 rule 11 cpc

Madhava Rao Gorrepati (Expert) 25 February 2017
You need not examine any witness to prove the questions of jurisdiction or limitation. Your lawyer would take care of these things.

inderjeet (Querist) 26 February 2017
But as per law is there any provision if for want for evidence witness can be summoned at this stage before the application is considered.

inderjeet (Querist) 09 March 2017
Now case fixed for consideration. Kindly advice that do I have to submit any documents, evidences or citations before court on the next date.

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