2022 (6) CTC 445 Madras. Mathammal vs Amaravathy

Party can summon witness only under Rule16 of Order 18 cpc , that too , as his own witness, provided , sufficient cause is shown to satisfaction of court – Court is empowered to summon witness , even strangers to suit or party , on its own accord – Power available to Court under Rule 14 of Order 17 cpc cannot be confused with right to party to suit – Besides , party to suit does not have right to summon opposite party to give evidence on his behalf.

2022 (6) CTC 445 Madras. Mathammal vs Amaravathy

Party can summon witness only under Rule16 of Order 18 cpc , that too , as his own witness, provided , sufficient cause is shown to satisfaction of court – Court is empowered to summon witness , even strangers to suit or party , on its own accord – Power available to Court under Rule 14 of Order 17 cpc cannot be confused with right to party to suit – Besides , party to suit does not have right to summon opposite party to give evidence on his behalf.

2022 (6) CTC 445 Madras. Mathammal vs Amaravathy

Party can summon witness only under Rule16 of Order 18 cpc , that too , as his own witness, provided , sufficient cause is shown to satisfaction of court – Court is empowered to summon witness , even strangers to suit or party , on its own accord – Power available to Court under Rule 14 of Order 17 cpc cannot be confused with right to party to suit – Besides , party to suit does not have right to summon opposite party to give evidence on his behalf.