SARDAR MANMOHANSINGH NAGPAL Vs. MANAKCHAND KOTHARI

JUDGEMENT

(1.) THE point for determination in this revision by the defendant is whether a party who has not examined himself as a first witness and has not obtained permission of the court to appear as his own witness at a later stage as required by Order 18, Rule 2(4) as amended by Rajasthan High Court, can be examined as a witness or not.

(2.) SUB -rule (4) made by the Rajasthan High Court, is as follows: Where a party wishes to appear as a witness he shall so appear before any other witness on his behalf has been examined; provided that the Court may on an application made in this behalf and for reasons to be recorded, permit him to appear as his own witness at a later stage.

(3.) IT may be noted that the suit for ejectment was based on the personal necessity of the plaintiffs.