Order of examination of witnesses when there are several defendants- Plaintiff should be examined first and defendants who support case of plaintiff should examine their witnesses next and witnesses of contesting defendant would be examined later.

Citation

2001 (3) CTC 20 (Mad)

IN THE HIGH COURT OF MADRAS

Prabha Sridevan, J.

CR.P. No.3143 of 2000.

March 08, 2001

V.K. Periasamy @ Perianna Gounder

D. Rajan

Code of Civil Procedure, 1908, Order 16, Rule 21 - Power of Court to direct party to proceeding to be examined as witness - Normally Summoning by one side to suit, parties of other side, as witness to suit cannot be encouraged Court can for very good reasons exercise its discretion positively in granting such permission - Suit filed for declaring right of plaintiff to take water from suit well and to restrain defendants from interfering with such rights - First defendant had stated no objection to plaintiff to draw water from well First defendant is not strictly Opposite party and could be summoned by plaintiff to give evidence. [Para 12]

Code of Civil Procedure, 1908, Order 18, Rule 2- Order of examination of witnesses when there are several defendants- Plaintiff should be examined first and defendants who support case of plaintiff should examine their witnesses next and witnesses of contesting defendant would be examined later. [Para 8)