HAJARA SINGH Vs. KULDEEP SINGH

JUDGEMENT

(1.) O .XVIII R.3 of the Code of Civil Procedure is said to be mandatory interns. It is submitted that in case a party wished to appear as a witness, then such party has to appear as a witness on his behalf, before other witnesses are examined. Such a party can appear latter on only when the court for the reasons to be recorded permits him to appear as his own witness at a later stage.

(2.) WITH a view to find out the scope of this statutory provision, it would be apt to notice this provision at the first instance.

(3.) THE Rule has been held to be directory in nature. The decision of this Court reported as Romesh Kumar vs. Chanan Lal, 1990KLJ 237 supports this proposition. The reasoning given in this regard is that this Rule is conspicuously silent as regards the stage at which this is to operate i.e. whether at the commencement of evidence or after evidence on behalf of the other party has commenced.