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Hara Sundar Majumdar Vs. Lahabar Singh - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1923Cal315,67Ind.Cas.277
AppellantHara Sundar Majumdar
RespondentLahabar Singh
Excerpt:
witness, travelling expenses of - unsuccessful party if liable. - greaves, j.1. in this rule it appears from the materials before me that the judge has clearly acted under a misapprehension in disallowing the travelling expenses of the witnesses. he states that it is the practice for the parties to pay such expenses. no doubt the party who summons a witness pays his expenses in the first instance. but, clearly, if he is successful, he is entitled as against the unsuccessful party against whom costs are awarded to recover all proper expenses including travelling expenses, incurred by summons of the witness and paid in the first instance by the successful party.2. the rule is accordingly made absolute and the judge will allow the travelling expenses of the witnesses properly incurred.3. i make no order as to costs of this rule.
Judgment:

Greaves, J.

1. In this Rule it appears from the materials before me that the Judge has clearly acted under a misapprehension in disallowing the travelling expenses of the witnesses. He states that it is the practice for the parties to pay such expenses. No doubt the party who summons a witness pays his expenses in the first instance. But, clearly, if he is successful, he is entitled as against the unsuccessful party against whom costs are awarded to recover all proper expenses including travelling expenses, incurred by summons of the witness and paid in the first instance by the successful party.

2. The Rule is accordingly made absolute and the Judge will allow the travelling expenses of the witnesses properly incurred.

3. I make no order as to costs of this Rule.


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