BHOLANATH MONDAL Vs. KALIPADA MONDAL

JUDGEMENT

(1.) The present application for revision arises out of orders dated 28-1-1981 passed by Sri T. K. Paladhi, Munsif, 3rd Court, Burdwan in Title Suits Nos. 103 of 1975 and 26 of 1977 heard analogously.

(2.) T. S. No. 103 of 1975 was instituted by the petitioners against the opposite party for eviction on declaration of their title and other reliefs whereas T. S. No. 26 of 1977 was filed by opposite party against the petitioners for declaration of his title and other reliefs. Both the suits were taken up for hearing and the petitioners closed their evidence. On 14-1-81 the opposite party examined certain witnesses without examining himself on filing an application under Order 18, K. 3A for permission of the Court to appear as a witness at a later stage. On 28-1-1981 the petitioners filed an application under Order 18, Rule 3A stating that the petitioners would be prejudiced if the opposite party is allowed to appear as a witness at a later stage, when he got the copies of depositions made by his witnesses. Thereafter on the same date the opposite party came up with an application under Order 18, Rule 3A on the plea that he had obtained verbal permission on 14-1-81 but no formal application was filed through mistake. But no such application was filed even on 17-1-81, the adjourned date of hearing.

(3.) By the impugned orders the learned Munsif rejected the application filed by the petitioner and allowed that of the opposite party permitting him to depose holding that oral permission had been granted earlier.