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How to call defendant as witness before deciding the recovery matter ?


25-Feb-2023 (In Recovery Law)
Suit for recovery filed. Defendant not submitted written statement and gave application under order 7 Rule 11 on point of limitation and jurisdiction. Reply to application was filed. Before consideration of the case evidence as one witness of defendant who have gone ex-parte needs his statement for proving limitation and jurisdiction. Can I pray to court for summoning the defendant as evident/witness to appear before the court before deciding on the application submitted by defendant under order 7 Rule 11.
Answers (2)

Answer #1
647 votes
This is not possible under Civil Procedure Code. First the application under Order 7 Rule 11 will be decided and then witnesses be called for giving evidence. Prior to deciding of application, your prayer won't be entertained in the court of law.
Answer #2
527 votes
the court shall not grant such kind of permission to lead evidence by the respondent at this stage. so, the best way is that they other respondent may file the application or the reply to the application ,stating the correct version which is likely to go in your favour. the evidence at this stage shall not be allowed by the court.

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