Jharkhand High Court
Shyam Shankar Shyamriwal vs Suresh Kumar Bhagena Son Of Late Chunni ... on 25 October, 2018
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.1803 of 2018
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Shyam Shankar Shyamriwal, aged about 65 years, son of late Keshar Deo Shyamriwal, resident of Ward No.:6, Purana Ranchi Road, Chakradharpur, P.O & P.S-Chakradharpur, District-Singhbhum West ......... Defendant/Petitioner
-Versus-
Suresh Kumar Bhagena son of Late Chunni Lal Bhagena, resident of Ward No.1, Bata Road, Chakradharpur, P.O & P.S- Chakradharpur, District-Singhbhum West ............Plaintiff/ Respondent
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
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For the Petitioner : Mr. A.K. Sahani, Adv.
For the Respondent : -----------
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05/25.10.2018 The petitioner, who is defendant in Original Suit
No.02 of 2016, is aggrieved of order dated 03.02.2018 by which the plaintiff has been permitted to cross-examine himself after examining other witnesses.
2. Order XVIII Rule 3-A CPC provides that where a party himself wishes to appear as a witness, he shall so appear before any other witness on his behalf has been examined, unless the court for reasons to be recorded permits him to examine himself after examining other witnesses. The plaintiff has pleaded that he is working in a private firm at Kolkata and his employer has not granted leave to him and therefore he filed an application seeking leave of the court to examine himself at a later date. Apparently, the trial judge has rightly granted permission to the plaintiff under Order XVIII Rule 3-A CPC.
3. In the above facts, finding no infirmity in the impugned order dated 03.02.2018 the writ petition is dismissed.
(Shree Chandrashekhar, J.) sudhir