GIRRAJ TRADING CO GWALIOR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is plaintiff's revision against Order dated the 17th august, 1977, whereby application submitted by the plaintiff under Order 18, rule 3-A Civil Procedure Code for permission to examine Maganlal, partner of the plaintiff's firm, after examination of their Munim Hariom Prakash, was rejected.

(2.) NO exhaustive statement of facts is necessary for decision of this revision. Suffice it to state that on 17-8-1977, Which was date fixed for evidence of the parties, the plaintiff-applicant submitted an application wherein it was stated that Maganlal as well as his Munim (Hariom Prakash) are present in the Court, since the Munim will produce and prove 'bahikhata' of the plaintiff's firm, therefore, it will be proper if the statement of Munim be recorded prior to that of Maganlal. Accordingly it was prayed that the plaintiff may be permitted to examine Maganlal after the Munim.

(3.) IT appears that the trial Court proceeded with examination of hariom Prakash Munim of the plaintiff without any objection on behalf of the defendant. However, after completion of the statement of Hariom prakash, the Court has by impugned order rejected, inter alia, the aforesaid application and has precluded the plaintiff from examining Maganlal in support of the case. Aggrieved by this part of the order the present revision has been filed on behalf of the plaintiff.