IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.384 of 2007 ---- 1. Deowasi Kuwar widow of Late Ram Nandan Mishra 2. Shambhu Nath Sharma 3. Shio Nath Mishra @ Sidhnath Mishra 4. Lal Babu Mishra 5. Rameshwar Sharma @ Ram Babu Sharma 6. Vimal Kumar 2 to 6 sons of Late Ram Nandan Mishra. 7. Deorati Kuwar widow of Jai Narayan Mishra 8. Vishwanath Mishra 9. Mangal Mishra 10. Umesh Mishra 11. Bhushan Mishra @ Bhusan Kumar 8 to 11 sons of Jai Narayan Mishra, All residents of Village-Khushhalpur, P.S. Dariyapur, P.O. Baruyan (Sonpur), District-Chapra (Saran) at present resident of Village-Sabbalpur Diyara (Babhantoli), P.S.-Sonpur, P.O.- Sabbalpur (Babhantoli), District-Saran (Chapra). - Plaintiffs-Petitioners. Versus 1. Kamlesh Sharma, son of Sri Baleshwar Sharma, resident of Village-Sabbalpur Babhantili, P.S.-Sonpur, P.O. Sabbalpur. -Defendant 1st party- Opposite party 1st party. 2. Sri Ram Prasad Sharma 3. Sri Shayam Bihari Sharma Both 2 to 3 sons of Kamala Singh and resident of Village-Pasahi (Pharidpur), P.O.-Janipur, P.S. –Pharidpur, District-Patna. -Defendants 2nd party- Opposite Party 2nd Party. ----- For the petitioners : M/s Vishwajeet Kumar Mishra & Anjani Prashar, Advocates. For the opposite parties : None. ---- 02. 31.07.2009 Heard learned counsel for the petitioners. 2. This civil revision has been filed by the plaintiffs- petitioners challenging order dated 29.11.2006 by which the learned Subordinate Judge- VI, Saran refused to allow the evidence of P.W.5 for the purpose of his cross-examination by the opposite parties due to absence of his name in the list of witnesses filed by the petitioners - 2 - and has also directed that if the witnesses whose names do not figure in the list are to be examined, a new list incorporating their names has to be filed in the court and in that circumstance, the court would examine such witnesses and, accordingly, the plaintiffs-petitioners were directed to file a new list of witnesses and affidavit to the effect that witnesses are being threatened. 3. The aforesaid suit was filed by the plaintiffs-petitioners for declaration of their title with respect to the suit land and for confirmation of their possession and other ancillary reliefs. The said suit was contested by the defendants who filed their pleadings, whereafter issues were framed and evidence of the parties started. 4. Learned counsel for the plaintiffs-petitioners has specifically stated that their witnesses are being threatened by the defendants for which a complaint has already been filed by the plaintiffs. He further submits that in the said circumstances, the plaintiffs did not give any list of witnesses to be examined on their behalf as the life of those witnesses would be in danger, but when he produced P.W.5 without his name in the list of witnesses, the aforesaid order was passed by the learned court below. 5. No doubt, there is a provision under the Code of Civil Procedure as Order XVI Rule 1 A in which it is specifically provided that subject to provision of sub-rule (3) of rule 1, any party to the suit may, without applying for summons under Rule 1, bring any witness to give evidence or to produce documents. It transpires that the said provision of law was not invoked by the plaintiffs-petitioners by way - 3 - of filing of an application in the court below under the said provision of law stating the necessary facts. 6. In the aforesaid circumstances, this civil revision is disposed of with a liberty to the plaintiffs-petitioners to file an application before the learned court below with respect to the provision of Order XVI Rule 1A of the Code of Civil Procedure stating in detail the danger due to which it was not possible for the plaintiffs to give any list of witnesses in the court and hence they may be allowed to bring any witness without filing any list of witnesses. If such an application is filed within one month from the date of receipt/production of a copy of this order in the court below, it shall consider the same and decide it in accordance with law expeditiously. Sunil (S. N. Hussain, J.)