spb/- 1 wp9554-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 9554 OF 2010 Shri H.S.Dhamdhere & Anr. ... Petitioners. Vs. Shri Prabhakar S.Dhamdhere ... Respondent. --- Mr. J. Shekhar i/by J.Shekhar & Co. for the Petitioners. ----- CORAM : D. G. KARNIK, J. DATE : 14th DECEMBER, 2010. P.C. 1 The writ petition is directed against the order, refusing to issue a witness summons to the Manager of a Bank as a witness on behalf of the defendant. 2 Order 16 Rule 1 of the Code of Civil Procedure, requires a party to a suit to furnish a list of witnesses on a date to be fixed by the court and not later than 15 days from the date of framing of the issues. Sub-rule 3 of Rule 1 of Order 16 permits a court to issue a witness summons to a person whose name is not specified in the list of witness, if the party applying shows sufficient cause for omission to mention the name of the witness in the witness list. Admittedly, in the present case the defendant spb/- 2 wp9554-10.sxw did not furnish a witness list and had not named the Bank Manager as a witness. He did not even mention any cause which was required to be shown under sub-rule 3 of rule 1 for not furnishing a witness list and no citing the Bank Manager as a witness. Since there was not even assertion of a sufficient cause within the meaning of sub-rule 3 of Rule 1, the court committed no error in rejecting the application for issuance of witness summons. 3 Writ petition is rejected summarily. [D.G. KARNIK, J.]