Rehman HussaIn Vs. Althaf HussaIn and anr. - Court Judgment

Excerpt:
(a) karnataka civil rules of practice, 1967 - rule 60(2) -- civil procedure code, 1908 (central act no. 5 of 1908) - section 151, order 16, rule 1, 1a - application filed under rule 60(2) of kcrp seeking permission of the court to file list of witnesses after 15 days from the date of settlement of issues whether maintainable notwithstanding the provisions of order 16 rule 1 -- such application is maintainable and the same can be treated as the one filed under sub-rule (3) read with sub-rule (1) of rule 1, order 16 cpc.;if the provisions of sub-rule (1) is read with the provisions of sub-rule (3) conjointly, it can be seen that in a case where a party has not filed list of witnesses at all or where he has filed a list of witnesses but has not included names of all witnesses, his right to seek permission of the court under sub-rule (3) to call any witness, is not taken away. the words, 'any witness' should be given natural and full meaning and such a course would also advance the cause of justice. the word 'any' in ordinary, literal parlance means 'each and every', in other words, without any exception.;sub-rule (3) in an unmistakable term provides that a party with the permission of the court can call any witness and examine such witness in support of his case. the words other than those whose names appear in the list referred to in sub-rule(1) occurring in sub-rule (3) are meant only to highlight the obvious position that with regard to those witnesses whose names are already included in the list of witnesses filed under sub-rule (1) of rule 1, seeking permission of the court to examine such witnesses will never arise or is unnecessary. that phrase does not in any way restrict or limit the power of the court under sub-rule (3) to permit any party to call any witness and examine him in support of his case, of course, only on showing sufficient cause as to why he has not included the name or names of such witness/witnesses in the list of witnesses already filed by him or why he could not file the list of witnesses at all within the stipulated time of 15 days after the date of settlement of issues. ;(b) karnataka civil rules of practice, 1967 - rule 60(2) -- civil procedure code, 1908 (central act no. 5 of 1908) - section 113, order 16, rule 1, 1a -- reference on the point whether application seeking permission of the court to file list of witnesses after 15 days from the date of settlement of issues maintainable and whether rule 60(2) kcrp is violative or ultra vires order 16 rule 1 cpc. court held that such application can be entertained and maintainable and rule 60(2) of kcrp is intra vires order 16 rule (1) of cpc. - motor vehicles act (59 of 1988)section 173 (1) & 168: [v. gopala gowda & arali nagaraj, jj] appeal by insurer - tribunal fastening liability on insurer to pay the compensation p.w-1 injured claimant was an agent of pw-2 travelling in the tempo which was hired for transporting fish from malpe to calicut - evidence totally unchallenged by the insurer - held, the tribunal has rightly believed the said evidence of p.ws. 1 to 3 which clearly established the fact that the said tempo was hired by p.w -2 who was doing business in fish at calicut and that the injured p.w.1 being the agent of p.w.2 and also the cleaner-cum-loader in the said tempo who were travelling in the said tempo for the purpose of transporting the fish from malpe to calicut, which were to be purchased at malpe. this being so, the tribunal was quite justified in fastening the liability on the insurer to pay compensation awarded in favour of both the said injured claimants. compensation of rs.11,26,100/- by the tribunal was enhanced to rs.15,46,100/- with interest at 6% p.a. order 16, rule 1, 1a -- reference on the point whether application seeking permission of the court to file list of witnesses after 15 days from the date of settlement of issues maintainable and whether rule 60(2) kcrp is violative or ultra vires order 16 rule 1 cpc. court held that such application can be entertained and maintainable and rule 60(2) of kcrp is intra vires order 16 rule (1) of cpc.

Judgment:
ORDER

16, RULE 1, 1A -- Reference on the point whether application seeking permission of the Court to file list of witnesses after 15 days from the date of settlement of issues maintainable and whether Rule 60(2) KCRP is violative or ultra vires Order 16 Rule 1 CPC. Court held that such application can be entertained and maintainable and Rule 60(2) of KCRP is intra vires Order 16 Rule (1) of CPC.