Dinesh (Advocate) 13 May 2009

Examining Witnesses

In an Execution Proceedings there are 3 Judgment Debtors. The 2nd and 3rd J.D. remain absent set Ex-parte. Their application to set aside Ex-parte Order with Condone delay Petition returned as Sec. 5 of the Limitation Act not applicable to E.P. Proceedings. The only contesting 1st J.D. after recording his evidence puts the 2nd J.D. in the box as his further witnesses. Is the 2nd J.D. entitled to let in evidence as a witness to corroborate the evidence the 1st J.D. and mark documents to substantiate the evidence of 1st J.D. As the 2nd J.D. had already called absent set ex-parte, is he not entitled to let in evidence even as a witness of 1st J.D. What is the legal position in examining a Party to the proceedings but set ex-parte as a witness to the contesting Judgment Debtor.

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Swami Sadashiva Brahmendra Sar (Nil) 13 May 2009

yas. he is competant witness.

ASHUTOSH (lawyer) 13 May 2009

hey dinesh as per ur qyestion first of all execution court cant go behind the decree and in E.P. did J.D file any objections if yes then he can lead evidence other wise not

Ashutosh(adv)

Delhi High Court

V.S.R.Deekshitulu (B.Sc, B.L) 20 May 2009

Dinesh

A party who was set exparte is entitled to lead evidence or give evidence by himself but he is not entitled to file any pleadings without the permission of court. This is very much clear from the dictums(AIR 1991Orissa P.157). When a party can lead evidence, he can also produce documents. In the case on hand there is no bar for J.Drs 2 and 3 to enter the witness box and give evidence and produce documents. Their evidence can be procured by the contesting J.Dr, by calling the Exparte J.Ddrs through court and the court if satisfied can also call them if their evidence is necessary. This is well said under Order 16 Rule 14 of C.P.C. See. 2009(1) ANDHRA LAW TIMES Page. 471. I think this is sufficent answer

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Swami Sadashiva Brahmendra Sar (Nil) 20 May 2009

agree

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