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1993 DIGILAW 623 (MP)

Ramlal v. Poonamchand

1993-11-18

A.R.TIWARI

body1993
JUDGMENT This revision petition, presented under section 115 of the CPC (for short the 'Code') is directed against the order dated 24.9.93 passed by the 1st Addl. Judge to the Court of the District Judge, Ratlam, in case No. 7-B/91. By the aforesaid order, the applicant plaintiff was granted last chance to examine himself as a witness subject to the condition of payment of cost of Rs. 100/-. In this order, it is further directed that the applicant would not be entitled to examine any other witness. I have heard Shri S.C. Agarwal, learned counsel for the applicant. It is submitted that the case for recording of evidence is now fixed on 10.12.93. The grievance made before me is that when the cost was imposed and last opportunity was granted for evidence, then there was no justification to refuse examination of other witnesses. True it is that the parties must have reasonable opportunity of leading evidence in support of their rival contentions. It seems from the impugned order that the Court adopted liberal attitude in permitting the applicant to examine himself as a witness. It is, however, difficult to understand as to why the opportunity was confined only to the examination of the party and was not enlarged to embrace the examination of other witnesses too, if so desired. To this extent the order is firm as well as elastic. The question involved in this revision petition is demonstrably on procedure and as such, can be answered right at this stage without hearing the other side. In the circumstances, I accept the limited prayer and direct modification of the order, impugned in this revision petition to permit the applicant-plaintiff to examine other witnesses too on the date already fixed on the following two conditions: -- a) The applicant shall keep the witness present and would not apply for issuance of any process for their attendance. b) The applicant shall not seek any adjournment for this purpose and produce all witnesses on 10.12.1993 itself. If this is done, then the Court will examine the witnesses also as may be produced by the applicant. This revision petition is, thus, disposed of finally with the modification in the order as above. The applicant is directed to produce a certified copy of this order before the Court below.