Karnataka High Court: Defendants Can Be Summoned as Witnesses in Specific Performance Suits

The Karnataka High Court held that a defendant in a specific performance suit can be summoned as a witness if their testimony is necessary to establish crucial facts.

The High Court has upheld the trial court order that concluded that any party to the suit can be summoned as a witness and allowed the application as per Rule 21 of Order XVI CPC. 

While courts usually avoid summoning defendants to prevent unfairness, the bench clarified that direct evidence from the defendant regarding contract execution or delivery obligations is permissible when necessary.

The Court emphasised that such decisions rest on judicial discretion, balancing fairness with the need for complete fact-finding.