ANJU TOSHNIWAL Vs. EXPAT PROPERTIES INDIA LTD.

JUDGEMENT

(1.) The petitioners are the defendants in Special Civil Suit No. 1767 of 2008 filed for specific performance of a contract borne out from emails exchanged between the parties, instituted by the respondent herein. The subject matter of the suit property is agricultural land bearing Gat Nos.47, 49 and 51 admeasuring around 390 acres of Village-Vegre, Taluka-Mulshi, District-Pune.

(2.) The plaintiff had filed evidence affidavit of Mr. Vijendra Rao (P.W.1), Constituted Attorney of the respondent-Company. He was cross-examined and thereafter the plaintiff-Company filed evidence Affidavit of Mr. Arvind Gowda who happens to be one of the Directors of the Plaintiff-Company. The defendants objected to the evidence Affidavit of Mr. Gowda who is the Director of the Company on the ground that, if a party himself wishes to be examined as a witness, then party should step into the witness box before other witnesses in terms of the provisions of Order 18 Rule 3A of the Code of Civil Procedure ( "CPC" for short). Defendants also objected on the ground that the plaintiff, Company did not file list of the witnesses as required under Order 16 Rule 1 of the CPC. The defendants further objected to the evidence affidavit of Mr. Gowda (Director) on the ground that, at no point of time, the plaintiff- Company took permission to examine its Director at a later stage as required under Order 18 Rule 3A of CPC. It is also apprehended that, plaintiffs seek to improve his case which is not permissible as per the object underlying Order 18 Rule 3A of the CPC. Defendants preferred an application dated 3rd April, 2018 before the learned trial Judge raising abovementioned objections.

(3.) The learned Civil Judge, Senior Division, Pune allowed the said application on 16th July, 2018 and passed the following order :-