Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XVI, Rr. 1, 7 & 14 & O. IX, R. 13 & S. 12 (2)---Ex-parte decree, setting aside of---List of witnesses---Omission to file list of witnesses or failure to mention the name of witness in the list of witnesses---Effect---Summoning of witness through Court---Requirements---Good cause---Scope---Application for recording statement of witness appearing before the Court was filed which was dismissed but Appellate Court accepted the same---Validity---Name of witness whose statement was required to be recorded had not been cited in the list of witnesses---Parties were bound to submit list of witnesses in the Court whom they proposed to summon either to record evidence or produce document---No witness could be summoned by Court if list of witnesses was not submitted by the concerned party---Failure of party to submit list of witnesses in the Court would deprive the said party to request the Court to summon his witnesses---Party who did not obey and comply with the requirements of law was not entitled to get support of law to the extent of his own negligence, indolence and failure---Party could not be permitted to summon witnesses other than those named in list of witnesses except with the permission of the Court---Submission of list of witnesses was condition precedent for further request for summoning other persons as witnesses with the permission of Court---Provisions of O. XVI, R. 1(2), C.P.C. would not be applicable when conditions prescribed under O. XVI, R. 1(1), C.P.C. were not complied with---Court was to record reasons for granting permission to summon witness whose name was not mentioned in the list of witnesses---Party was to show good cause for omission of said witness from the list of witnesses---Court had powers to require any person present before it to record evidence or produce any document then and there in his possession or power---Said power of the court could be exercised suo motu or on application or on request of a party---If Court at any stage considered necessary to examine any person other than a party to the suit and not summoned as a witness by any party then such Court could of its own…

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