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2007 Supreme(Mad) 3277

P.R.SHIVAKUMAR, P.K.MISRA
Ravi – Appellant
Versus
Ramar – Respondent


Advocates Appeared:
For the Petitioners:G. Rajaraman for M.C. Swamy, K. Govindarajulu, T. Selvakumaran, R. Anand, M.S. Suresh Kumar, Advocates. For the Respondent:F.X. Eugene, K.P. Krishnadoss, K. Balasubramanian, A. Harikaran, Advocates.

Judgment :-

P.K. Misra, J.

These Civil Revisions are referred to the Division Bench to consider the scope of the provisions contained in Order XVIII Rule 3A of the Code of Civil Procedure, hereinafter referred to as "CPC". This provision was introduced by way of amendment in 1976. This matter has been referred to the Division Bench not only because of certain conflicting decisions of single Judges of Madras High Court but also because of importance of the question.

2.Order XVIII Rule 3-A CPC is extracted hereunder:

"Where a party himself wishes to appear as a witness, he shall so appear before any other witness on his behalf has been examined, unless the court, for reasons to be recorded, permits him to appear as his own witness at a later stage."

3. One line of thinking as expressed in some of the decisions is to the effect that a party should be examined as a witness before examination of his other witnesses and if the party wishes to appear as a witness at a later stage, after examination of his other witnesses, he must seek prior permission of the Court to appear as his own witness at a later stage.

4. From the reported decisions cited at the Bar, it is apparent that such a view has





































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