ATUL KUMAR SINGH Vs. NITISH KUMAR

JUDGEMENT

(1.) I.A. 3333/2018

(2.) It is the case of the plaintiff in the application that witness No.1 in part C of the list of witnesses submitted by the plaintiff on April 07, 2016 which was duly served on all the defendants, is Shri Nitish Kumar, present Chief Minister of Bihar. He is also defendant No.1 in the present suit. According to the plaintiff, the said witness is significant and will have a material impact in establishing the case of the plaintiff, in order to bring on record further evidence with regard to the violation to authorship rights of the literary work titled as "Special Category Status: A case for Bihar" in which the defendant No.1 is the principal actor.

(3.) According to the plaintiff, even though the witness namely Shri. Nitish Kumar is also defendant No.1, there is no bar under the CPC to examine the opposite party as his own witness, more particularly when the defendant No.1 is included in the list of witnesses. In this regard, he has relied upon the following judgments in support of his contention: