FARAD CONTINUATION SHEET. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.2653 OF 2003 ------------------------------------------------------- Office Notes : Court’s / Judges Office Memoranda : Order. of Coram, apperances : Court’s and Judges : Orders or directions : and Registrars’Orders : -------------------------------------------------------- Ms. Mhispurkar h/f. Shri D.S. Mhaispurkar for the petitioner. CORAM CORAM CORAM : A.A.Sayed, J. : A.A.Sayed, J. : A.A.Sayed, J. DATE DATE DATE : June 20, 2008. : June 20, 2008. : June 20, 2008. P.C. 1. This petition has been filed against the order dated 1.1.2008, whereby the application of the petitioner, who is the original plaintiff in the suit, for compelling the attendance of the respondent-defendant so as to enable the petitioner to cross-examine him, came to be rejected. 2. The learned Counsel for the petitioner has invited my attention to the provisions of Order XVI Rule 14 of the Code of Civil Procedure as well as a decision rendered in case of VEESAM MOHAN REDDY VS. REBBA PEDDA AGAIAH, reported in 2088 (NOC) 1217 (A.P.). Relying upon the aforesaid provision of the CPC and the aforesaid decision, the learned Counsel for the petitioner sought to argue that Order XVI Rule 14 of the CPC empowers the Court to summon any person to give evidence, including the parties to the suit. 3. Plain reading of Order XVI Rule 14 of the CPC discloses that the power is discretionary. The petitioner certainly cannot compel the defendant to submit himself for cross-examination, when he chooses not to lead evidence in examination-in-chief. The decision cited by the learned Counsel also reveals that it is the discretion of the Court if such power is to be exercised or not. 4. I have gone through the impugned order, I find that the discretion exercised by the Trial court in rejecting the application of the petitioner and the reasons therefor cannot be faulted and there is no illegality or infirmity in the impugned order so as to set it aside in exercise of writ jurisdiction under Article 227 of the Constitution of India. 5. Consequently, writ petition stands dismissed. ...... [A.A.Sayed,J.] [A.A.Sayed,J.] [A.A.Sayed,J.]