Abrew v. Sekeram – sllr 2003 volume 1 page 381

In ABREW v. SEKERAM, the court addressed whether a witness not listed under section 121 of the Civil Procedure Code may be called on the basis of “special circumstances” and if mere inadvertence constitutes such circumstance. It was held that inadvertence alone does not meet the requirement for special circumstances, thus upholding the refusal to permit the unlisted witness. The decision reaffirmed that the statutory discretion under section 175(1) requires the party to demonstrate truly special circumstances before the court will allow deviation from procedural listing requirements. The case endorsed strict compliance with statutory procedure, drawing upon relevant provisions and prior case law, confirming the procedural discipline and burden on the applying party. Leave to appeal was ref