a party to the suit cannot be examined as a witness, subsequent to examining a third party as per the Order XVIII Rule 3-A ... counsel for first petitioner; to appreciate the provisions of CPC (Order XVIII Rule 3-A) and the fact that the respondents failed to examine
petitioners to examine the witness in the order, he chooses. The provision under Order XVIII Rule 3 A is only directory ... Order XVIII Rule 3A of C.P.C . for better appreciation:-
Order XVIII Rule 3A
"Party to appear before other witnesses.- Where a party
witness at a later stage."
6.1. A plain reading of Rule 3-A of Order XVIII of C.P.C . would show that where ... party to appear as a witness at a later stage. There is nothing in Rule 3-A of Order XVIII of C.P.C ., which
obliged to produce his evidence in terms of Order XVIII Rule
2. Under Order XVIII Rule 2(1), the party having the right to begin ... have invoked Order XVIII Rule 3 at all, as the
most essential requirement of Order XVIII Rule 3, viz., (a) the existence of
several issues
2017 Page 1 of 3
statement was to be recorded first in terms of Order XVIII, Rule 3-A CPC .
Learned trial court, however, closed ... recording of the evidence of his
witnesses in terms of XVIII Rule 3-A CPC . This application was allowed by the
trial court
rule as to "opening" a
case. When the parties have their oral evidence ready, the law
directs (Order XVIII, Rule 2) that ... Rule 3-A of
Order XVIII of the Civil Procedure Code, according to which
where a party himself wishes to appear as a witness
sought to adduce rebuttal evidence under Order
XVIII Rule 3 of Civil Procedure Code to prove that (A) Maitun Nisha was
daughter of Sabul Mian ... January, 2014. The matter was fixed for
final argument. A petition under Order XVIII Rule 3 of Code of Civil
Procedure has been filed
view of Sub-rule (3) of Rule 14 of Order VII and Sub-rule
(3) of Rule 1A of Order VIII, the court ... under Order VII Rule 14(3) CPC
but under Order XVIII Rule 4 CPC . However, mere invocation of a
different provision of law will
file his affidavit under Order XVIII Rule 4-A of CPC
before other witnesses and this is a mistake of counsel for
which he should ... Under Order XVIII Rule 1 of CPC it is for the
plaintiff to begin the evidence. The Order XVIII Rule 3 of
CPC specifically provide
Order VII Rule 14(3) read with Section 151 of CPC and
under Order XVIII Rule 17 read with Section 151 of CPC
(I.A ... open and
under Order VII Rule 14 (3) read with Section 151 of
Code of Civil Procedure and under Order XVIII Rule 17
read with
