Section 540 Interpretation, Scope and Applicability of 540, CCPC's Request to Call a Person As a court witness court under Section 540, CCP no doubt requires a person to be called a witness Before proceeding or having the person already examined had full powers to proceed, if such evidence was necessary for the mere determination of the disputes involved in the matter, the CRPC Gave the court arbitrary power to summon or to withdraw any person, while another section of the aforesaid section imposed an obligation on it. The court shall summon any person to call and examine or call again and inquire if his evidence finds it necessary to make a fair decision in the case where the witnesses not being summoned as court witnesses He was nominated in the FIR and was not examined by the police nor his name was listed. It is not possible to say that any of the witnesses mentioned in the calendar of witnesses, nor any of the witnesses examined in this case, have mentioned any of their evidence record, it is always necessary to summon these witnesses. It may be argued that the trial court had passed an order to assist the party in setting up its case and cast a shadow on the issue of not having a neutral court, while exercising powers under Section 540, Cr. ? The PC was asked not to relinquish his high ground of impartial arbitration and should always refrain from acting as an investigative agency or assuming the role of investigator, however.
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