Asilin Nona and Another v. Wilbert Silva – sllr 1997 volume 1 page 176

In the case between Asilin Nona and Another (Plaintiff) and Wilbert Silva (Defendant), the Supreme Court addressed whether a party may call witnesses not filed within the agreed-upon timeline under Section 121 of the Civil Procedure Code, and whether judicial discretion under Section 175(1)—requiring “special circumstances”—permits deviation from an agreed schedule for witness listing. The parties had consented to exchange witness lists one week before trial, in place of the statutory fifteen-day period. The defendants, however, filed their list only after the closure of the plaintiff’s case, which led to a sustained objection and refusal from the District Judge to allow such witnesses. The Supreme Court confirmed there were no “special circumstances” to depart from the agreement or rule,