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Kaji Ahmad and ors. Vs. Kaji Mahamad and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1885)ILR9Bom308
AppellantKaji Ahmad and ors.
RespondentKaji Mahamad and ors.
Excerpt:
civil procedure code, act xvi of 1882, sections 159 and 167 - practice--procedure--witness--delay serving summonses--adjourment. - - if there has been delay and want of diligence through which witnesses not having been served in good time are not present, the court will properly refuse to adjourn the hearing for their attendance, even though they have been summoned......allowance. the provision in section 167 is one in favour of the witness, and for enforcing diligence on the party : it does not give to the courts any discretion as to granting or refusing summonses in consideration of their being applied for at a late period. the proper function of the court in this respect comes into play at the hearing for which the witnesses have been summoned. if there has been delay and want of diligence through which witnesses not having been served in good time are not present, the court will properly refuse to adjourn the hearing for their attendance, even though they have been summoned. a judge cannot beforehand tell what means a party may have for facilitating the attendance of his witnesses.2. as the plaintiffs were refused the summonses that they.....
Judgment:

West, J.

1. The plaintiffs, under Section 159 of the Code of Civil Procedure, were entitled to summonses for such witnesses as they desired if they were ready to pay the required fees and subsistence allowance. The provision in Section 167 is one in favour of the witness, and for enforcing diligence on the party : it does not give to the Courts any discretion as to granting or refusing summonses in consideration of their being applied for at a late period. The proper function of the Court in this respect comes into play at the hearing for which the witnesses have been summoned. If there has been delay and want of diligence through which witnesses not having been served in good time are not present, the Court will properly refuse to adjourn the hearing for their attendance, even though they have been summoned. A judge cannot beforehand tell what means a party may have for facilitating the attendance of his witnesses.

2. As the plaintiffs were refused the summonses that they sought, we must set aside the decrees, and direct that the cause be tried after allowing the parties to produce the evidence they desire.

3. Costs to follow the final decision.


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