Order 16 Rule 1 CPC | 15 Days Period For Providing List Of Witnesses To Court Is Directory In Nature: Punjab & Haryana High Court

Though, a period of 15 days has been prescribed under Order 16 Rule 1 of CPC for the purpose of providing list of witnesses to the Court, however, once the court has been given power under sub-Rule 3 of Rule 16 to permit any party to summon any witness other than the witnesses named in the list referred to in sub-rule 1, the procedure prescribed under sub- Rule 1 of Order 16 has to be treated as directory, particularly, when it no where prescribes consequences for its default.

The bench comprising Justice Harkesh Manuja further added that once a procedural discretion vests with the court, it needs to be exercised in favour of the parties rather than to scuttle their rights unless any party acts in a gross negligent manner.

Petitioner-plaintiff in the instant case moved an application for summoning of witnesses through the process of court but the trial court dismissed the same by recording that when the issues in the suit were framed, the list of witnesses along with process fee was not filed within the prescribed period of 15 days. Therefore, the petitioner/plaintiff is not entitled for court assistance to summon his witnesses.

After considering the rival submission of the parties, the court found merit in the contention raised by the counsel for the petitioner and observed that since the issues in the present case were framed on 28.05.2019 and the application for seeking court assistance for the purpose of summoning of witnesses was moved on 05.09.2019, it cannot be treated to be highly belated.

The court further noted that although, Order 16 Rule 1 of CPC prescribes 15 days for the purpose of providing list of witnesses to the Court, however, once the court has been given power under sub-Rule 3 of Rule 16 to permit summoning of any witness other than those mentioned in in sub-rule 1, the procedure under sub- Rule 1 has to be treated as directory, particularly.

In view of the reasoning recorded above, the court set aside the impugned order and directed the Trial Court to provide court assistance for the purpose of summoning of witnesses to the petitioner in accordance with law.

In view of the reasoning recorded herein above, the impugned order is hereby set aside and keeping in view the fact that the suit before the learned trial court is still pending for the purpose of recording of petitioner-plaintiff evidence, learned trial court is directed to entertain the application filed on behalf of the petitioner/plaintiff and provide court assistance for the purpose of summoning of witnesses mentioned therein, on payment of process fee and diet money in accordance with law.

Case Title : Gurjit Singh v. Kartar Singh and Another

Click Here To Read/Download Order