Supreme Court of India · 2011-02-22
KOKKANDA B. POONDACHA vs K.D. GANAPATHI
- Citation / case number
- SC 2010/19979
- Court
- Supreme Court of India
- Petitioner
- KOKKANDA B. POONDACHA
- Respondent
- K.D. GANAPATHI
- Author
- G.S. SINGHVI,ASOK KUMAR GANGULY, , ,
- Bench
- G.S. SINGHVI,ASOK KUMAR GANGULY, , ,
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 Code of Civil Procedure (CPC) without indicating the purpose. The Court held that citing an 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 opposing party. The Court upheld the trial court's decision to deny the request to cite the advocate as a witness, reinforcing the principle that such actions must be substantiated with valid reasons.