Rule 1 of CPC : Rule 1: List of witnesses and summons to witnesses.

Explanation using Example

Example 1:

Scenario: Rajesh is involved in a civil lawsuit regarding a property dispute with his neighbor, Suresh. The court has set a date for the hearing, and both parties need to present their witnesses.

Application of Rule 1:

1. List of Witnesses: Rajesh and Suresh must each prepare a list of witnesses they intend to call to testify or produce documents. Rajesh lists his brother, who witnessed the property boundary agreement, and a local surveyor who has relevant documents.
2. Submission Deadline: The court has appointed a date for the submission of the witness list, which is not later than fifteen days after the issues in the case are settled. Rajesh and Suresh must submit their lists by this deadline.
3. Summons Application: Rajesh files an application in court stating that he needs a summons for his brother and the surveyor to attend the court hearing. He specifies that his brother will testify about the boundary agreement, and the surveyor will produce the relevant documents.
4. Additional Witnesses: Rajesh realizes he forgot to include a crucial witness, his neighbor who saw the original boundary marking. He applies to the court, explaining the omission and showing sufficient cause. The court records the reasons and permits Rajesh to call this additional witness.
5. Obtaining Summonses: Rajesh obtains the summonses for his witnesses within five days of presenting his list to the court, ensuring they will attend the hearing.

Example 2:

Scenario: Meera is suing a construction company for damages caused by faulty construction in her apartment. The court has scheduled a hearing, and Meera needs to call witnesses to support her case.

Application of Rule 1:

1. List of Witnesses: Meera prepares a list of witnesses, including her building's maintenance manager and an independent structural engineer who inspected the apartment.
2. Submission Deadline: The court has set a deadline for the submission of the witness list, which is within fifteen days after the issues are settled. Meera submits her list on time.
3. Summons Application: Meera files an application in court to obtain summonses for the maintenance manager and the structural engineer. She states that the maintenance manager will testify about the history of complaints, and the engineer will provide expert testimony on the construction faults.
4. Additional Witnesses: Meera later discovers that a former employee of the construction company has crucial information about the use of substandard materials. She applies to the court, explaining why this witness was not included initially. The court, after recording the reasons, allows Meera to call this additional witness.
5. Obtaining Summonses: Meera obtains the summonses for her witnesses within five days of presenting her list to the court, ensuring their attendance at the hearing.