JUDGMENT - B.A. MASODKAR, J.:---This civil revision application question an order permitting a special Mukhatyar one Dr. D.M. Patil to be examined after the respondent plaintiff had taken the oath and all the dates of further hearing was unable to attend the Court because of his illness that was certified to be so by a medical practitioner.

2. In this Court, Mr. Sawant, the learned Counsel appearing in support of the civil revision application, relied on the provisions of Order 18, Rule 3-A of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code") and submitted that this course was contrary to that rule and that the order impugned should be set aside.

3. Now, this civil revision application is pending in this Court for more than three months and by the time this is being disposed of, surely, the respondent-plaintiff should be available, unless prevented by some other reason.

4. The provisions of Rule 3-A of Order 18 of the Code were inserted by Amending Act No. 104 of 1976 to the Code. That lays down a Rule of law with regard to the order of witnesses to be examined in the Court. It applied to both the plaintiff as well as the defendant. In cases where a party, eith

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