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Report No. 144

Chapter VII

Orders 11 to 20

7.1. Order 14, rule 2(5) and Examination of Witness

7.1.1. Order 18, rule 2(4) of the Code of Civil Procedure provides that notwithstanding anything contained in the rule, the Court may, for reasons to be recorded, direct or permit the defendant or any party to examine any witness at any stage.

7.1.2. Question for consideration.-

Some controversy whether the expression "at any stage" in this sub-rule means that any stage previous to the delivery of judgment. The application can be made or whether the expression bears a more limited meaning.

7.1.3. The Orissa High Court1 has held that the expression means any stage previous to delivery of judgment. But the Bombay High Court2 has taken the view, that once the case is closed for judgment, the defendant cannot apply under Order 18, rule 2(4) to cross-examine the plaintiff and to adduce evidence. The Bombay High Court has expressly disagreed with the Orissa ruling, which "holds that the expression means any stage prior to the delivery of the judgment in the case.

1. Alekh v. Bharamar, AIR 1978 Ofi 58 (59), paras. 2, 4 (S. Acharya, J.).

2. Wasudeo v. Jagannath, AIR 1986 Born 43 (44, 45), paras. 6 and 7 (Dhabe, J.).

Conflicting Judicial Decisions pertaining to the Code of Civil Procedure Back

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