1986 (8) TMI 456

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....nt No. 1 is the petitioner against an order of the trial court refusing to accept the list of witnesses filed by the defendant No. 1 on the date he was to adduce evidence in this case. 2. On 7-4-1986, defendant No. 1 filed a fist wherein he indicated that he and one Laxmidhar Sahu were in attendance. However, his turn for examination of witnesses did not reach on that date. On 9-4-1986, he filed ....

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....ended to be adduced by the other party. In case permission is given at the last moment to examine witnesses, there is every chance of the parties playing hide and seek resulting in the real truth being suppressed. There is strong force in the submission of Mr. Mohanty. When list of witnesses is filed by one party the other party should get a chance to know the nature of evidence which would be add....

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.... 1, the trial Court could have granted some time and permitted the plaintiff to adduce further evidence. It could have also awarded costs against the party on account of his laches putting the adversary to difficulty. The trial court ought not to have rejected the list completely which amount to denial of opportunity to the defendant No. 1 to prove his case. 5. As the matter stands at present, th....