What is order 18 rule 3A?
What is order 18 rule 3A?
“Order 18, Rule 3A is directory and not mandatory. But that does not mean that Rule 3A need not be observed. It must be observed. But its non-observance in all cases should not lead to the extreme penalty of expunging the evidence which had already been recorded.
Is order XVIII rule 3-A A directory rule?
[Order XVIII, Rule 3-A], The provision of Order XVIII, Rule 3-A is directory. The rule does not contain any penal provision to make it mandatory. Since the provision is directory, it is open to the trial court to grant or not grant an opportunity to a party to examine himself later.
Can a defendant file an instant petition under order XVIII rule 3-A?
The defendants opposed the application, inter alia, denying that the plaintiff was suffering from various ailments. However, by the order impugned, the trial court allowed the plaintiff’s application under Order XVIII Rule 3-A. Aggrieved thereby, the instant petition was filed by the defendant.
What is rule 3A of the Code of Civil Procedure?
The trial Court on the basis of the decision reported in 1978 BLJR 600 held that Rule 3A of Order XVIII of the Code of Civil Procedure was mandatory. It, therefore, held that the evidence of P.W. 13 carried no weight and, therefore, it directed the same to be expunged from the evidence.
