Judgement

P. K. MOHANTI, J. :- This civil revision raises a point of considerable importance concerning the litigants and the legal practitioners frequently in trials before the subordinate courts. The question whether a party who has not examined himself as the first witness in support of his cause and has not obtained permission of the court to appear as such witness at a later stage as required under O. 18, R. 3-A, C.P.C., as amended by the Civil P. C. (Amendment) Act, 1976, can be examined at a later stage of the trial is the sole point for determination.

2. The amended rule runs thus:-

"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. The brief facts in the present matter are these:

Opposite party No. 1 filed Title Suit No. 103 of 1974 against the petitioner and some others for declaration of title and recovery of possession in respect of the disputed property. On a petition filed by him, two of his witnesses were permitted to be examined on 11-3-77 obviously under the provisions of O. 18, R. 16