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Raja (None)     21 April 2021

Which application to file to ask court to call witnesses

Learned members, I am  a new lawyer and the opposite party is not willing to call the witnesses listed by him and has closed case from his side. I want the Court to call the witnesses as court witnesses.

Can you please guide me with a sample application or under what rule and order i have to submit the application.



Learning

 2 Replies

Pradipta Nath (Advocate)     21 April 2021

Please at least state whether it is a criminal matter or civil matter with a bit material fact to provide feedback!

1 Like

aditi srivastava   21 April 2021

APPLICATION FOR ISSUE OF SUMMONS TO WITNESS

 

IN THE COURT OF THE   CIVIL JUDGE, _______

Reg. Civil Suit No.

________________________________         Plaintiff

Vs

________________________________        Defendant

 

APPLICATION FOR ISSUE OF SUMMONS TO WITNESS

The plaintiff above named submits this application praying to state as under :

1.           That the plaintiff has filed the present suit against the defendant for specific performance and temporary injunction.

2.           That even though in the beginning, this Hon'ble Court was pleased to issue summons to the concerned witnesses.

3.           That in spite of issuing necessary summons to the witnesses in the matter, it appears that the defendant has managed not to be served with the said summons, and hence, this application.

4.           That the plaintiff submits that the plaintiff had already a list of witnesses, who would given very important evidence in respect of the said matter.

5.           That the plaintiff also submits that those witnesses are very important witnesses, and they be, therefore, directed with them the all the agreements, which were registered then and there.

6.           That the plaintiff, therefore, prays that this application be kindly granted and orders passed to issue summons  to all the witnesses already listed by the plaintiff.

7.           That an affidavit in support hereof is filed herewith.

 

Sd/-

PLAINTIFF

 

Dated :____

AFFIDAVIT

I, __________the present plaintiff, do hereby state on solemn affirmation as follows :

 

1.           That the plaintiff has filed the present suit against the defendant for specific performance and temporary injunction.

2.           That even though in the beginning, this Hon'ble Court was pleased to issue summons to the concerned witnesses.

3.           That in spite of issuing necessary summons to the witnesses in the matter, it appears that the defendant has managed not to be served the said summons, and hence, this application.

1.           4.  That the plaintiff also submits that those witnesses are very important witnesses,      and they be, therefore, directed with them the all the  agreements, which were      registered then and there.

           WHATEVER stated above is true and correct to the best of my knowledge and belief, so I have signed here under at _______(Name of Place) this___day of   ______

 

Sd/-

 

PLAINTIFF

 

source referred- https://lawsisto.com/readdeedsdrafts/MzQy/APPLICATION-FOR-ISSUE-OF-SUMMONS-TO-WITNESS

 

regards


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