Witness list omissions may be excused for sufficient cause when recorded reasons justify additional evidence and no failure of justice appears.

Order 16 Rule 1 requires a witness list after settlement of issues, but the court may still permit witnesses omitted from that list where sufficient cause is shown and reasons are recorded under Order 16 Rule 1(3) and Order 16 Rule 1A. The procedural requirement is not absolute where the interests of justice justify relaxation, and evidence may also be permitted at an appropriate stage under Order 18 Rule 2(4). On the facts, the permission to examine two additional witnesses was supported by recorded reasons, the opposing party had adequate opportunity to cross-examine and rebut, and no jurisdictional error, material irregularity, or failure of justice was shown.

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Issues: Whether the trial court was justified in permitting the defendant to examine two additional witnesses notwithstanding their omission from the earlier witness list, and whether such order suffered from jurisdictional error warranting interference in revision.

Analysis: Order 16 Rule 1 contemplates filing of a witness list after settlement of issues, while Order 16 Rule 1(3) and Order 16 Rule 1A permit the court, for reasons recorded and on sufficient cause being shown, to allow a party to call witnesses whose names were not earlier included. The procedural requirement of naming witnesses is not absolute where the interests of justice require relaxation, and the court may also permit evidence at an appropriate stage under Order 18 Rule 2(4). The order permitting additional witnesses was made on disclosed grounds, after the plaintiff had himself amended the pleadings and had ample opportunity to cross-examine and rebut the evidence. The revisional court found no absence of jurisdiction, no material irregularity, and no failure of justice.

Conclusion: The order allowing examination of the two additional witnesses was valid and did not justify interference under Section 115 of the Code of Civil Procedure, 1908.

Ratio Decidendi: A court may, on sufficient cause being shown and for reasons recorded, permit examination of witnesses omitted from the earlier list, and such discretionary order will not be interfered with in revision unless it is shown to be without jurisdiction or to have caused failure of justice.

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