second part of the Rule 3A of Order 18 of the CPC . Order 18
Rule 3A, of the CPC is extracted ... under Order 18 Rule 3A of the CPC ,
and hence the second part of the Rule 3A of the CPC , would
rule 1, bring any witness to give
evidence or to produce documents."
6.2 On the other hand, Rule 3A of Order 18 CPC ... However, in the light of Order 18 Rule 3A CPC , it has been
observed by a coordinate bench of this court in Jasbir
plaintiffs could not have moved her application under Order 18, Rule 3A of Civil Procedure Code.
(e) That Order 18, Rule 16 also deals with ... provision of Order 18 of Civil Procedure Code. Since the procedure has been laid down under the Civil Procedure Code, reliance on Section 135 will
mandatory provision by the enactment of Order 18, Rule 3A of the Code of Civil
Procedure ."
15. It is also observed in the above ... opinion as
follows:
"What is relevant under Order 18, Rule 3A of the Code is that the court
should be satisfied that the party
plaintiffs' counsel objected that his examination is barred under Order 18 Rule 3A. C.P.C . This objection of the plaintiffs' counsel ... view of Order 18 Rule 3A by its impugned order dated 5-4-77. The present revision has been directed against that order
under Order 18, Rule 3A of the Code of Civil Procedure , hereinafter referred to as "Code" in short, praying for permission to examine ... question of interpretation of Order 18, Rule 3A of the Code had observed:
"A combined reading of the entire Rule 3-A gives
several orders of the
Court asking the petitioner to begin her
evidence.
(5) Order 14 Rule 1, subrule 5 CPC refers ... respondent No.8, the petitioner has
filed an application under Order 18 Rule 3A CPC
to permit her daughter to be examined instead
directed the party to file necessary application
under Order 18 Rule 3A of CPC , seeking permission, but without
following the said procedure ... liberty to the defendant
to file an application under Order 18 Rule 3A of CPC and if any such
application is filed
plaintiff will
be prejudiced. He further refers Order 18 Rule 3A of CPC and
Signature Not Verified
C.R.P. 243/2017
Digitally ... party. Union of
India is a party. Therefore, Order 18 Rule 3A of CPC is itself
does not applicable in this case.
Union
Nooka Raju vs The State Of Andhra Pradesh on 10 December, 2024
i _._._
I.,
lN
