12/03/2025
When Order 16 of CPC Compliance is Missed, Order 18 CPC Comes to the Rescue,
A situation where you missed filing the witness list within seven days under Order 16 but voluntarily produced our witnesses on the first day of hearing.
Here comes the scope of both orders:
1. Order 16 is about calling witnesses through court summons.
2. Order 18 is about producing evidence and examining witnesses already present.
3. Order 16 requires summoning of witnesses in advance through Court whereas, Order 18 doesn't require Courts Involvement.
Since the witnesses are voluntarily produced and no surprise was caused, and no time was wasted, The court will allow your application with cost.
The opposing side won't be prejudiced.
In simple,
The order says that the court is bound to record witnesses even if they are 50 or more, as they are voluntarily produced to prove the case according to the issues framed.