DEBI CHAND MOHANLAL Vs. SURENDER KUMAR DUNGERWAL

JUDGEMENT

(1.) Trial of a civil suit started without the plaintiff examined as the first witness on behalf of the plaintiff. After examination of quite a few witnesses the plaintiff offered himself as a witness. He was examined in chief and the defendant-petitioners were called upon to cross examine him. They raised objections alleging that under Rule 3-A of Order XVIII of the Code of Civil Procedure the plaintiff was required to appear as a witness before any other witness on his behalf had been examined. Unless the court for reasons to be recorded permitted him to appear as his own witness at a later stage. Plaintiff never applied for permission to appear as his own witness at a later stage. Thus without any reason what-so-ever and without any application on his behalf the trial court permitted him to be examined as a witness at a later stage. Rule 3-A of Order XVIII of the Code of Civil Procedure has, according to the petitioners, been violated.

(2.) Order XVIII of the Code of Civil Procedure contains rules about the hearing of the suit and examination of witness. Rule 1 states:-

(3.) In Shri Ram Maharaj v. Raj Kishore Bhagat (1978) BLJR 600 Satyeshwar Roy, J. sitting at Ranchi Bench of this Court read Rule 3-A to mean, in his words:-