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G. ARAVINTHAN (Legal Consultant / Solicitor)     26 July 2010

Witness

Can one person be compelled to be in Court as a witness for a civil case



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 2 Replies

N.K.Assumi (Advocate)     27 July 2010

Aravinthan, Under section 165 of the EA, just as it is not open to the court to compel a party to make a particular kind of pleading so also it is beyond its competence to virtually oblige a party to examine any particular witness, as it must act according to law and not otherwise. AIR 1965-SC-1008 (page 1014)

Ayush (Advocate)     27 July 2010

where it is expedient to do so, the court may compel any person to appear before it as witness. the point is necessity of the evidence of the witness. Court cannot compel any person to appear before it unnecessarily.


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