Mumbai Court February 1884 Judgments

Kaji Ahmad and ors. Vs. Kaji Mahamad and ors.

Court: Mumbai

Reported in: (1885)ILR9Bom308

West, J.1. The plaintiffs, under Section 159 of the Code of Civil Procedure, were entitled to summonses for such witnesses as they desired if they were ready to pay the required fees and subsistence allowance. The provision in Section 167 is one in favour of the witness, and for enforcing diligence on the party : it does not give to the Courts any discretion as to granting or refusing summonses in consideration of their being applied for at a late period. The proper function of the Court in this respect comes into play at the hearing for which the witnesses have been summoned. If there has been delay and want of diligence through which witnesses not having been served in good time are not present, the Court will properly refuse to adjourn the hearing for their attendance, even though they have been summoned. A judge cannot beforehand tell what means a party may have for facilitating the attendance of his witnesses.2. As the plaintiffs were refused the summonses that they sought, we mus...