In an Execution Proceedings there are 3 Judgment Debtors. The 2nd and 3rd J.D. remain absent set Ex-parte. Their application to set aside Ex-parte Order with Condone delay Petition returned as Sec. 5 of the Limitation Act not applicable to E.P. Proceedings. The only contesting 1st J.D. after recording his evidence puts the 2nd J.D. in the box as his further witnesses. Is the 2nd J.D. entitled to let in evidence as a witness to corroborate the evidence the 1st J.D. and mark documents to substantiate the evidence of 1st J.D. As the 2nd J.D. had already called absent set ex-parte, is he not entitled to let in evidence even as a witness of 1st J.D. What is the legal position in examining a Party to the proceedings but set ex-parte as a witness to the contesting Judgment Debtor.
