One of the points involved in this case relates to the interpretation or rule 3A or Order XVIII of the Code of Civil Procedure and since the opposite party challenged the correctness of the decision of this Court in Shri Ram Maharaj V. Raj Kishore Bhagat1 this revision application has been placed before Division Bench for hearing.

2. The petitioner has been elected Municipal Commissioner from ward No. 4 of the Lalganj Municipality and the opposite party filed an election petition before the District Judge, Muzaffarpur, who is the Election Commissioner under the Bihar Municipal Elections and Election Petition Rules, 1953 (hereinafter referred to as 'the Rules'). The appellant, after examining five witnesses, wanted to examine himself. Relying upon Order XVIII Rules 3A of the Code of Civil Procedure, the petitioner objected to the prayer. The Court below held that the Rule 3A does not apply to the present case which is being heard under the Election Rules. The opposite party was accordingly, permitted to examine himself. The petitioner has filed the present revision application challenging the said order.

3. Mr. A. N. Chatterjee. appearing for the petitioner, has first contende