Supreme Court of India · 2011-02-22
Kokkanda B. Poondacha And Ors vs K.D. Ganapathi And Anr
- Citation / case number
- AIR 2011 SUPREME COURT 1353
- Court
- Supreme Court of India
- Petitioner
- Kokkanda B. Poondacha And Ors
- Respondent
- K.D. Ganapathi And Anr
- Bench
- Asok Kumar Ganguly, G.S. Singhvi
Judgment text excerpt
The Supreme Court addressed the issue of whether respondents could cite the appellants' advocate as a witness under Order XVI Rule 1(1) and (2) of the CPC without indicating the purpose. The Court held that citing the opposing party's advocate as a witness requires a clear justification for the purpose of summoning, emphasizing the need for caution to protect the rights of the parties involved. The Court upheld the trial Court's decision to deny the request to cite the advocate as a witness, reinforcing the principle that such applications must be substantiated with valid reasons.