S. S. Rathi (other) 13 December 2021

Issue summons to call witness

I am petitioner in civil suit my cross examination done, purshish not file to close my evidence, on one person file affidavit on behalf of defendant, objections taken by me that he is not authorised, Then application filed by me that before start cross of this person, issue summons to witness as it is necessary but court rejects the same with 500/- fine to me, then copy of board resolution filed by this person as authorised by defendant.

Pls guide what can I do to call defendant as witness before cross examination of above person

File application u/Sec. 311 or go to higher court to challenge the order reject application

Thanks n regards

S S Rathi

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2 Replies

Aryan Raj 14 December 2021

In response to your query,

To call the defendant for cross examination you can definitely go through by filing application under section 311 of CRPC. As CRPC sec. 311 clearly states that-

Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or. recall and re- examine any person already examined and the Court shall summon and examine or recall and re- examine any such person if his evidence appears to it to be essential to the just decision of the case.

Regards,

Aryan Raj