LALITHA J. RAI vs AITHAPPA RAI

The Supreme Court held that the trial court erred in dismissing the appellant's application to file a list of witnesses under Order 16 Rules 1 and 1(A) of the Civil Procedure Code, which mandates timely filing of witness lists but does not impose a total prohibition on producing witnesses. The Court found that the appellant's husband had a bona fide mistake regarding the filing, and since the trial had not commenced, the refusal to allow the list was illegal. Consequently, the appeal was allowed, and the orders of the trial court and High Court were set aside, directing the trial court to summon the witnesses for examination.