- Witness Production by Defendant in Prison - A prisoner confined in prison can be produced as a material witness by the defendant through court orders, such as under Order 38 Rule 21, which allows the prison authorities to produce the prisoner for court proceedings ["
1 MALAYSIA DEVELOPMENT BERHAD & ORS vs DATUK SERI NAJIB TUN ABDUL RAZAK & ORS - High Court
"]. - Party's Right to Call Witnesses Without Court Summons - Any party to a suit may bring witnesses, including opponents, without prior court summons, provided they comply with applicable rules (e.g., Order 16 Rule 14, Rule 1A) ["2025 0 Supreme(Kar) 72"], ["2025 0 Supreme(Mad) 4989"], ["2025 Supreme(Online)(Mad) 69786"].
- Court's Discretion to Summon Opposing Parties as Witnesses - Courts may summon anyone, including strangers or opposing parties, as witnesses if justified, especially when their evidence is material, and in some cases, the court can treat a party as a witness of truth or compel their attendance ["1976 0 Supreme(Del) 28"], ["2025 0 Supreme(Mad) 4989"], ["2025 Supreme(Online)(Mad) 69786"].
- Summoning Opponent as Witness in Exceptional Circumstances - Courts may exercise discretion to summon the opposing party as a witness when there are good reasons, such as the party's possession of relevant documents or facts aiding the case ["2023 0 Supreme(All) 808"], ["2025 0 Supreme(Telangana) 182"], ["2025 Supreme(Online)(Tel) 53014"].
- Procedural Rules for Witness Lists and Non-Compliance - Parties are required to submit witness lists within specified timelines; failure to do so can lead to costs or restrictions on calling witnesses unless sufficient cause is shown ["1976 0 Supreme(Del) 28"], ["2022 0 Supreme(Del) 792"].
- Role of Defendant as a Witness and Evidence Submission - A defendant can be called as a witness to support their case, and they must produce relevant documents on which they rely, with the court having authority to direct their appearance and evidence ["2023 8 Supreme 487"], ["2011 0 Supreme(Gau) 764"].
- Implication of Calling Opponent as Witness - Calling an opposing party as a witness is permissible but generally reserved for exceptional circumstances, and courts consider bonafides and relevance before granting such requests ["2023 0 Supreme(All) 808"], ["2025 0 Supreme(Telangana) 182"].
- Continuity of Proceedings Against Deceased Parties - Actions can be continued against legal representatives or survivors of deceased defendants, and the substitution or addition of parties is permissible where applicable ["
Lembaga Kemajuan Tanah Persekutuan (FELDA) & Anor vs Awang Soh bin Mamat & Ors
"]. - Court's Power to Examine and Admit Witnesses - Courts have broad authority to examine witnesses, including strangers and parties, and may admit evidence even if not listed initially, provided there is sufficient cause ["
SILVA v. BALASURIYA
"], ["2011 0 Supreme(Gau) 764"].
Analysis and Conclusion:The sources collectively indicate that in civil proceedings, when an expats action is taken against a defendant, the other defendant has multiple avenues to produce witnesses, including themselves, opponents, or third parties, either through court orders or by their own initiative, subject to procedural rules. Courts retain discretion to summon any person as a witness if their evidence is material, especially in exceptional circumstances. Defendants can be called as witnesses and are obliged to produce relevant documents, and the court may permit the calling of opposing parties as witnesses if justified. The procedural rules emphasize flexibility to ensure justice, allowing for the inclusion of parties and strangers as witnesses when necessary ["
1 MALAYSIA DEVELOPMENT BERHAD & ORS vs DATUK SERI NAJIB TUN ABDUL RAZAK & ORS - High Court
"], ["2025 0 Supreme(Kar) 72"], ["2025 0 Supreme(Mad) 4989"].
