After framing of issues in civil suit, generally the suit will be posted for filing list of witnesses. Whether the list of witnesses is mandatory or directory? any judgment is there in that aspect?
nidhi sharma ( student) 22 May 2011
it is mandatory
Arvind Singh Chauhan (advocate) 23 May 2011
Yes it is mandatory to file within 15 days of settlement of issues-
List of witness for- Time for presenting and obtaining summons for them to be allowed by court being not later than 15 days of settlement of issues- However a party to suit has a right under Rule 1 A to produce witness without summon subject to permission of court- Such witness may be summoned even if his name is not in the list required to be presented within 15 days of the settlement of issues- SC-UAD-2009(1)-728.-Ashok Sharama V/S Ram Adhar Sharma.
G.Nagarajeshwar Rao (Advocate) 23 May 2011
Thank you nidhi sharma and arvind. If so there is no practice in Andhra Pradesh. I am asking the members in Andhra Pradesh, is there any case law with regarding to the above question? [My ld friend Mr. Arvind quoted S.C. judgment]. How the courts are allowing to bigin trial witnessess without filing the list of witness within 15 days time after framing the issues? please clarify any member of Andhra Pradesh. Thank you.