S.ALI AHMAD, J.

1. The plaintiff-appellants filed a suit for declaration of title with respect to the suit property and that the defendants have no right and title over the same. The defendants filed written statement denying the claim of the plaintiff-appellants. In view of the order that I intend to pass, it is not necessary to mention facts in any detail. All that need be said is that the plaintiff was examined as P.W.13 after 12 witnesses on his behalf had already been examined. It further appears that the plaintiff had not taken leave to appear at a later stage as provided under O.XVIII, R.3A of the CPC. While appearing as a witness, the plaintiff deposed in support of his case and proved number of documents, including Chowkidari receipts, Exts. 2/A to 2/E. Before the trial Court, a point was raised as to whether the evidence of the plaintiff, who was examined as P.W. 13 carried any weight. The trial Court framed an issue which reads as follows :-

"Whether the evidence of the plaintiff as P.W. 13 carries any weight in view of the mandatory provision of R. 3A of O. XVIII of the C.P.C."

The trial Court on the basis of the decision reported in 1978 BLJR 600 held that R. 3