DWARKA DEVI Vs. DHANI RAM MAGOTRA

JUDGEMENT

(1.) THIS petition has been presented against the order dated: 02 -02 -2001 passed by the Munsiff (Sub -Registrar), Jammu whereby two applications have been allowed, viz, application filed by the plaintiff/respondent under Order 18 Rule 3 -A of the Code Of Civil Procedure, Svt. 1977 (1920 A.D.) seeking permission of the court to record the statement of the plaintiff after the statement of his witnesses and another application filed by the defendant seeking permission of the court to file documents which could not be filed at the appropriate stage. Court vide impugned order dated: 02 -02 -2001 granted permission to the plaintiff for recording his statement after the statement of his witnesses are recorded and also granted permission for bringing on record the documents.

(2.) THE impugned order has been challenged by the petitioner/defendant aggrieved of the permission granted to appear as witness after recording the statements of plaintiffs witnesses, allowing the application filed under order 18 Rule 3 -A on that the trial court has granted permission without recording reasons which was obligatory upon the court and unless reasons are recorded, order of the court is not in accordance with law and thus unsustainable. Mr. Jain learned counsel for the respondent -plaintiff in rebuttal has submitted that the petitioner/defendant has not filed the objections to his application before the trial court, therefore, it was not obligatory upon the court to record any reasons as contemplated in Rule 3 -A, and that Rule 3 -A is directory in nature and not mandatory, and on this account also, the trial court if has not recorded reasons has not committed any illegality. In support of his this plea, he has relied upon the judgments reported in AIR 2000 Bombay, 384, titled Sanjay Narayanrao Badre and another Vs. Sau Vimal Keshaorao Bairam and others.

(3.) HEARD learned counsel for the parties. Of course, if opposing party does not file objections and counsel representing such party makes statement at the bar to that effect, in that event, the trial court is not under obligations to record the reasons. The court should record the concessional statement of the opposing counsel/party in the order and proceed to pass appropriate order.