Plantiff A has filed civil case (property dispute) against defendant B and C where Defendant C is in fact Plaintiff in the guise of defendant (collusive defendant)
Since Defendant C has fully admitted the plaint, hence collusion of Defendant C with Plaintiff A is on record.
No issues have been framed wrt Plaintiff A and Defendant C.
Plaintiff A has been Cross Examined by Defendant B,hence evidence of Plaintiff is over.
Defendants B and C are yet to be Cross Examined by Plaintiff A
Now Plaintiff A wants to cover up the lacuna left out in his own Evidence through Evidence of Defendant C.
Defendant B feels objects to giving Evidence of Defendant C on following grounds:
1.Since Evidence of Plaintiff A is over,A wants to cover up the lacuna by proxy through Evidence of Defendant C which will definitely cause prejudice and harm interest of Defendant B.
2.Since No issue have been framed between Defendant C and Plaintiff A, evidence of C is not required.
3.Defendant B has not replied to Written Statement of Defendant C.
4.Order XV Rule 1 & 2 supports Defendant B.
Whether the stand taken by Defendant B is correct as per law needs to be discussed.
