Order 18 rule 3a
surjit singh
(Querist) 03 August 2013
This query is : Resolved
In a civil case the plaintiff in the case deposed as witness after two of the plaintiff witness has already deposed and cross examined by the defendant side. Order 18 Rule 3A says that the parties to the suit shall appear first before other witness, and if the parties wants to depose latter he should take leave of the court stating the reasons for deposing at the later stage.
In the present case the defendant did not objected to it and neither the court objected to the deposition of the petitioner as witness.
My query is whether the deposition of two witnesses made before the deposition of the plaintiff will be accepted as a valid witnesses or the witnesses made before the deposition of plaintiff will be counted.
R.K Nanda 
(Expert) 03 August 2013
take help of lawyer personally.
surjit singh
(Querist) 04 August 2013
I have also gone through few judgment of the SC wherein it has been held that the purpose of this provision is to see that the plaintiff or the defendant does not take the advantage of deposing after all the witnesses from his side has deposed and fills the lacuna in the evidence of his witnesses.
But whether in this case the deposition of the parties will be considered by the judge while passing the judgment, when neither the Court nor the other side objected to it.
V R SHROFF
(Expert) 04 August 2013
Court can permit him to appear as his own witness.
It will be considered deposition while passing the judgement,
As not objected
