SHRI HARNAM SINGH Vs. SHRI SOBHA SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order of the trial Court, dated April 29, 1987, whereby the Defendant's evidence was closed by the Court order.

(2.) THE Defendant -Petitioner was allowed to lead additional evidence. One D.W. Brij Mohan (D. W. 6.), was present and his statement was recorded. After his evidence was over the Defendant -Petitioner wanted himself to be examined as his own witness by way of additional evidence, but it was objected to on behalf of the Plaintiff -Respondent on the ground that the Defendant never got examined himself first, i.e., before examining his other witness in view of the provisions of order XVIII Rule 3 -A of the Code of Civil Procedure, (hereinafter called the Code). It prevailed with the trial Court and thus it closed the evidence without allowing him to come into the witness -box.

(3.) THEREIN , the question referred, was whether the recently inserted Rule 3 -A of Order XVIII of the Code as mandatorily requires that permission of the Court for a party to appear as his own witness subsequent to his other witness should be obtained before the commencement of his evidence and not later?