provisions contained in Order XVIII Rule 3A of the Code of
Civil Procedure , hereinafter referred to as " CPC ". This provision ... also because of importance of the question.
2.Order XVIII Rule 3-A CPC is extracted hereunder:
"Where a party himself wishes
adjournment, proceeded to dispose of the case on merits under Order XVII. Rule 3, Civil P. C. The witnesses on behalf of the plaintiff ... left to be examined. His application under Order XVIII, Rule 3-A, Civil Procedure Code had been allowed. The court accordingly examined him and dictated
above discussion, I find that in case of a will left by a Hindu in respect of properties in Uttar Pradesh, Section ... witness to the codicil. He submitted that under Order XVIII Rule 3 CPC a party must appear before any other witness is called
provisions contained in Order XVIII Rule 3A of the Code of Civil Procedure , hereinafter referred to as " CPC ". This provision ... question.
2. Order XVIII Rule 3-A CPC is extracted hereunder:
Where a party himself wishes to appear as a witness, he shall
under Order XIV Rule 8 of O.S. Rules r/w. Order XVIII, Rule 3 of C.P.C . and Order XIV Rule ... petition under Order XVIII, Rule 3 C.P.C . Order XIV Rule 8 of OS Rules:-
3(1). The applicant has filed a suit
applicant, in terms of provisions of
Order XVIII, Rule 3-A CPC , which application was
rejected by the trial court on 23.04.1994 itself ... himself examined,
application was filed seeking permission under Order
XVIII, Rule 3-A CPC , which was rejected and applicant
was directed to produce
filed under Order XVIII Rule 3A and Section 151 of CPC.
17. Order XVIII Rule 3(A) CPC reads thus ... a later stage instead of before examining any third party
witnesses, as has been contemplated under Rule 3(A) of Order XVIII.
The prayer sought
Court to examine a
particular witness in a case. Only embargo could be under Order XVIII Rule
3(A) CPC or under Section ... a matter of appreciation of evidence after
conducting the trial to evaluate whether a party to a proceeding could
establish a fact through the evidence
Order XVIII Rule
3A of the Code of Civil Procedure , 1908 and Rule 20 of Chapter XI of the
Delhi High Court (Original Side) Rules ... view of the
fact that order XVIII Rule 3-A CPC is a rule and deviation is
exception it is held that plaintiff
submission, therefore, that the
provisions of Order XVIII Rule 3-A of the CPC that the Plaintiff
should enter the witness box first ... being mandatory,
and notwithstanding the provisions of Order XVIII Rule 3-A of the
Code of Civil Procedure , 1908, it is the evidence
