JUDGMENT :

1. Heard Sri Rajiva Dubey, learned counsel for the petitioners and learned counsel for the State. No one appeared for private respondents.

2. By the order impugned dated 27.07.1999, the respondent No.2-Extra Officer, Kheri, District-Lakhimpur Kheri allowed the application of defendant No.1-Vishram Lal (private respondent No.3 herein), which was filed by him under Order 18 Rule 3-A of Code of Civil Procedure, 1908 (in short "C.P.C.") praying therein to allow him to appear as a witness.

3. It would be apt to point out here that the application under Order 18 Rule 3-A of C.P.C. was filed after recording the statement of one witness of the defendant namely, Banwari Lal, whose statement was recorded on 19.03.1999 and he was duly cross-examined on 20.03.1999.

4. The contents of the application preferred by defendant No.1 under Order 18 Rule 3-A of C.P.C. are relevant to the view of this Court, as such, the same are being extracted herein under:-

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