MOHAN LAL Vs. VINOD KUMARI

JUDGEMENT

(1.) THE rules of procedure are handmaid tools of justice meant to advance the cause of justice and not to hamper it. These rules are therefore, required to be liberally interpreted. Construed in this light. Rule 3 -A of Order 18 C P.C. would only be of a directory nature and not mandatory. The courts while considering the reach and extent of Order 18. R. 3 -A C. P. C. have to be satisfied as to whether any good case has been made out for for departure from the normal rule to examine the party be -fore examining any of his/her other witness. If the court is satisfied that the prayer for examining the party, even after some witnesses have been examined and without securing the prior permission of the court to appear as his own witness at a later stage is genuine and the party has acted in good faith and further that the grant of permission would not result in filling up any lacuna in the evidence which stands already recorded, it should permit the party to so appear at that later stage so as to further the cause of justice.

(2.) IN the instant case, the trial court after a detailed discussion of facts and circumstances of the case leading to the filing of the application by the respondent to appear as her own witness, after some of her witnesses had already been examined without seeking prior permission in that behalf, observed :