VIDYARAM Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) INVOKING the writ jurisdiction of this Court under Article 227 of the Constitution, petitioner has called in question the order dated 4.3.2003 (Annexure P/6) by which the right of the petitioner plaintiff to examine himself as a witness has been closed and his application for permission under Order 18 Rule 3A CPC, has been rejected.

(2.) THE facts as they emerge from the record are that on 20.12.2002, the case was fixed for evidence. The plaintiff filed affidavit of his witness, one Jay Prakash Verma, a hand -writing expert and the affidavit of the plaintiff -petitioner was also filed. According to the petitioner, a copy of this affidavit was supplied to counsel for the respondents. As Shri Jay Prakash Verma had come from outside, as a matter of convenience his cross -examination was recorded first. Immediately, thereafter, the petitioner has filed his affidavit. The counsel for respondents objected and submitted that as prior permission as required under Order 18 Rule 3A CPC, has not been obtained, the petitioner cannot be permitted to lead evidence. By the impugned order, the objections of the respondents have been sustained and the application filed by the petitioner under Order is Rule 3A CPC, has been rejected.

(3.) CONSIDERING the aforesaid provision in the backdrop, this Court has observed in the aforesaid case that allowing a party as a witness after examination of his own witness is within the discretion of the Court and with leave of the Court, a party can always appear at a later stage.