Learn With CiteCase

The Karnataka High Court recently held that plaintiff can seek to summon the defendant as his witness but the same cannot be allowed as a matter of right and the Trial Court is required to consider the purpose for which, the witness is proposed to be summoned and thereafter, consider the application by assigning proper reasons. The Court shall keep in mind that if the parties sought to be summoned as a witness by the other side were the real opponents and therefore, compelling such parties to give evidence on behalf of the other party, is not desirable judiciously. Even in such cases, the option is available to the Court to either draw adverse inference against such a party or if the Court comes to the conclusion that the opponent's evidence is necessary to decide the issue involved in the case, then to summon them exercising its power under Order XVI Rule 1(2) of the CPC. Under such circumstances, the Court can exercise its discretion in favour of the party seeking to summon the opponent as a witness. [Source: LawLens.in]

The Karnataka High Court recently held that Trial Courts can grant the police assistance for enforcing the temporary injunction order depending upon the gravity of the situation and that the application for police aid or protection cannot be rejected merely because there is a remedy under Order XXXIX Rule 2A CPC. [Source: LawLens ]