MANGE RAM vs BRIJ MOHAN AND OTHERS

The Supreme Court held that under Order XVI, Rule 1A of the Code of Civil Procedure, 1908, a party can produce witnesses without prior application for summons if they are present in court, regardless of whether their names were included in the initial witness list. The court clarified that the obligation to file a witness list applies only when the party seeks the court's assistance to procure witnesses. The court also noted that it can refuse to examine a witness only if it deems their evidence immaterial or if the party is acting frivolously, as per Section 87(1) of the Representation of the People Act, 1951. The appeal was allowed, and the court's order rejecting the examination of the witnesses was set aside.