with regard to summoning of witness
J.D.S Sareen
(Querist) 18 February 2011
This query is : Resolved
Proposition:-
Plaintiff has filed a civil suit and arrayed three defendants belonging to same
Department.
Defendant No.1 has been arrayed in official capacity i.e through. Secretary etc, who
also signed the written statement on behalf of defendant No.1
Now the plaintiff has summoned the said secretary who signed the w/s by, name as
his own witness
Query is:-
Whether the plaintiff can summon the defendant No.1 by name, as his own
Witness(plaintiffs witness)?
Sanjeevappa. L
(Expert) 18 February 2011
yes, he can summon him. But it is not good practice
Kirti Kar Tripathi
(Expert) 18 February 2011
Yes, he can summon but the evidence of opposite party may prove as dangerous to him.
Advocate Bhartesh goyal
(Expert) 19 February 2011
Yes,Plaintiff can summom the defendant as witness but it may be harmful to him.
Amit Minocha
(Expert) 19 February 2011
he can summon so, but if the evidence goes against him he would be in immense problem
J.D.S Sareen
(Querist) 19 February 2011
Thanks very much to all learned members.
J.D S Sareen
Adv
Guest
(Expert) 22 February 2011
In your query, you have not clearly stated whether the D-1 has sought dismissal of the suit on facts / law. Whatever it is, the Plaintiff is probably wants to bring out the truth by any document signed by the D-1 and wants to produce when he lets into the witness box and get his nod with more details on his open questions. Even if D-1 wants to harm the Plaintiff by his answers, he should substantiate his answers by evidences. Mere answers are not going to harm the Plaintiff. One should not under-estimate the Plaintiff in this case.
Swami Sadashiva Brahmendra Sar
(Expert) 19 February 2011
