defendant as witness

queryking (Querist) 04 January 2010 This query is : Resolved
Namaskar to everybody,
here is my query,

The 3rd defendant died, his LRs are brought on record, they remained exparte, the 2nd defendant quoting the one of the LR as his witness, can h the 2nd defendant examine other defendant as his witness?

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J.D.Sharma (Expert) 04 January 2010
order XVI rule 21 CPC answers your querry
21. Rules as to witnesses to apply to parties summoned

Where any party to a suit is required to give evidence or to produce a document, the provisions as to witnesses shall apply to him so for as they are applicable.

go through order 21 all rules therein applies to summoning witness applies to party in the proceeding

queryking (Querist) 04 January 2010
my doubt is can a defendant cite another defendant as witness in his witness list and examine him?

Raj Kumar Makkad (Expert) 04 January 2010
Yes. He can not only call co-defendant but also plaintiff as witness as per provisions of CPC.

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