1. Suit filed by Chananlal respondent herein for ejectment of Romesh Kumar, petitioner, herein, from a shop situate at Parade Ground Jammu is pending disposal in the Court, of Sub Judge Jammu in which evidence of the respondent-plaintiff was led and thereafter he sought permission for producing himself as his own witness. Said application was resisted by the petitioner-defendant and the learned Sub-Judge, after hearing both the sides, has permitted the plaintiff to appear as his own witness vide order passed on Oct. 11, 1989. Not satisfied with the said order petitioner has come up in revision before this court.

2. I have heard the learned counsel for the parties. The controversy centers around presently in this case is regarding the interpretation of Order 18 Rule 3-A, C. P. C. According to this provision of law where a party himself wishes to appear as a witness he shall so appear before any other witness on his behalf has been examined but the court can, for reasons to be recorded, permit him to appear as his own witness at a latter stage. Learned counsel appearing for the petitioner has argued that this provision of law is mandatory in nature as word "SHALL" has been used and

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