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2004 Supreme(P&H) 328

M.M.KUMAR
Gurmail Chand – Appellant
Versus
Ashok Verma – Respondent


Judgment

1. This petition filed under Article 227 of the Constitution of India prays for quashing the order dated 12-2-2004 passed by the Civil Judge (Jr. Division), Chandigarh dismissing the application of the defendant-petitioner wherein objection was raised with regard to the sequence of examination of witnesses of the plaintiff respondent by relying on the provisions of Order XVIII, Rule 3A of the Code of Civil Procedure, 1908 (for brevity the Code). It is appropriate to mention that plaintiff-respondent has filed a civil suit for permanent injunction against the defendant-petitioner restraining him from interfering in the possession of the suit land allegedly owned by him. Plaintiff-respondent has produced the first witness who examined-in-chief on 12-6-2003 and on the request of the counsel for the defendant-petitioner the examination-in-chief was deferred and he was cross-examined on 5-9-2003. Thereafter the plaintiff-respondent examined another witness also. The order passed by the ld. Civil Judge reads as under : "Heard. Certainly provisions of Order XVIII, Rule 3A, CPC requires contesting party to be examined first before he or she examines his remaining witnesses. It is a





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