THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.R.P.Nos.4469&4470 of 2011 COMMON ORDER: The petitioners filed O.S.No.72 of 2009 in the Court of II Additional District Judge, Ongole, for the relief of cancellation of a sale deed, dated 10.11.2008 executed by defendants 1 to 22 therein in favour of the respondent herein i.e, defendant No.23 and for perpetual injunction in respect of the suit schedule property. Pleadings are ready and the trial of the suit commenced. The evidence of P.W.1 was recorded on behalf of the petitioners. At that stage, they filed two applications viz., I.A.Nos.524 and 540 of 2011 with a prayer to summon the Manager of M/s.Andhra Paper Mills, to depose as a witness on their behalf and to direct him to produce the lease deeds for the period 1997 to 2008. They pleaded that the evidence of the proposed witness or documents referred to in the applications are necessary for the effective disposal of the suit. The applications were opposed by the respondent herein. Through a common order, dated 16.08.2011, the trial Court dismissed both the applications, on the ground that the name of the person, who is sought to be summoned as a witness, is not mentioned in the list of witnesses filed along with the plaint. Another ground mentioned by the trial Court is that a wrong provision of law was mentioned. Heard the learned counsel for the petitioners and the learned counsel for the respondent. The petitioners invoked Rules 6 and 7 of Order XVI C.P.C. Those provisions are not relevant. Though Rule 6 of Order XVI C.P.C. is relevant for the purpose of summoning documents, the petitioners ought to have invoked Rule 1(2 and 3) for taking out summons to a person, whose name does not figure in the list of witnesses. As long as the prayer is clear, mere mentioning of a wrong provision of law cannot defeat the rights of the parties. It needs to be noted that the C.P.C. does not restrict the issuance of summons only to those persons, whose names are mentioned in the list of witnesses. Sub-rule (3) of Rule 1 of Order XVI C.P.C. permits issuance of summons to a person, whose name does not occur in the list of witnesses. Further, the respondent can cross-examine the witness or raise all the objections, once the witness appears and documents are produced. Therefore, the Civil Revision petitions are allowed and the order under revision is set aside. As a result, I.A.Nos.524 and 540 of 2011 are allowed. There shall be no order as to costs. __________ 15.12.2011 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.R.P.Nos.4469&4470 of 2011 Date: 15.12.2011 JSU