SRI KRISHNA Vs. VINOD KUMAR AND

JUDGEMENT

(1.) THIS revision is directed against the order of the learned Civil Judge refusing to permit the defendant to give his own evidence. Sri Krishna, the defendant, was examined by the plaintiff as his own witness. After the plaintiff closed his evidence, Sri Krishna wanted to appear in the witness-box and give evidence in the case. The learned Civil Judge refused to permit him to give evidence on the ground that he had already been examined as a witness for the plaintiff. Revision filed by the defendant was not entertained by the learned District Judge. The relevant provision about the recording of evidence of witnesses are contained in rules 2 and 3 of order XVIII of the Civil Procedure. They run as under:- "2. (1) On the day fixed for the hearing of the suit or on any other day to which the hearing is adjourned the party having the right to begin shall state his case indicating the relevancy of each of the documents produced by him, and the nature of the oral evidence which he proposes to adduce and shall then call his witnesses in support of the issues which he is bound to prove.

(2.) THE other party shall then state his case in the manner aforesaid and produce his evidence (if any).