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Karri Vijaya Bhaskar Reddy vs Karre Sree Lakshmi on 26 February, 2024

8. So far as the first submission of the learned counsel for the petitioner is concerned, in the case of John Susheel Kale & Another vs. S. Devarajulu & Another1, this Court placing reliance on the Division Bench judgment in Devarapalli Pattabhi Ramaiah v. D. Lakshmi Prasanna and others2, held that the application under Order 18 Rule 3-A need not be filed prior to the examination of the third party as witness. The party to the suit can examine himself as a witness even if he makes an application after examination of some witnesses on his behalf and even if he has not sought such permission before commencement of examination of his witnesses. Consequently, I am of the view that subsequent to the examination of witness, the application can be filed at a later stage. On that aspect, the view taken by the trial Court is as per the law laid down by the Division Bench of this Court, binding on this Court. In the first submission, this Court do not find force that before the examination of DW.2 the right of the party defendant No.3, should have been reserved for his examination as DW.3.
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