Whether court should issue summon compelling presence of deponent for cross examination whose affidavit is filed during proceeding for interim injunction?

 It is also clear from the provisions of Order 19, Rule 2, C.P.C. that the court may order the attendance of the deponent for the cross-examination. Order 19 of the Code of Civil Procedure contains no provision empowering the court to issue process to enforce the attendance of the deponents. If the party fails to produce the deponents of the affidavits filed by the for cross-examination despite order of the court, affidavit of the deponent failing to attend the court has to be ignored. When a party is successful to procure the affidavit, it can well bring the deponent to the court for his cross-examination. His insistence for the issue of process to complete his attendance may to indicate that he is interested in delaying the disposal of the case.

Rajasthan High Court

Chotu Khan vs Abdul Karim on 12 March, 1991

Equivalent citations: AIR 1991 Raj 119, 1991 (2) WLC 219, 1991 (2) WLN 140

Bench: M C Jain

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