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2022 (1) TMI 70 - HC - CustomsSummoning of witnesses - Refusal of summon of some of the witnesses as mentioned in the schedule of the petition through Court process - production of documents more-fully described therein - HELD THAT:- The procedure provided in the Code are for definite purpose to make the system of delivery of justice hassle free and smooth. Any deviation in the prescribed procedure may lead to miscarriage of justice. It cannot, of course, be denied that the procedure is a handmaid of justice. Procedure laid down in the Code should not be utilised to obstruct freeflow of justice, if the provisions made in Civil Procedure Code are strictly followed. Thus, in every case, a party seeking deviation from prescribed procedure must show that it will cause prejudice and obstruct free flow of justice if the procedure prescribed are strictly followed. In the case at hand no such case is made out by the Petitioners. Further, no material has been placed before this Court to show that the documents sought to be called for from Defendant No.6 are at all relevant for proper adjudication of the case. No ground whatsoever has been taken in the petition under Order XVI Rule 1 C.P.C. for summoning the aforesaid witnesses. It further appears that the Collector, Central Excise & Custom, Bhubaneswar-1 is Defendant No.6 is to the suit and is contesting the suit by engaging its counsel. Hence, the Plaintiffs-Petitioners would be at liberty to cross-examine the witnesses to be produced on behalf of the Defendant No.6 during course of trial to establish their claim - there are no infirmity in the impugned order. Petition dismissed.
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