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RamnaraIn Roy Chowdhury and anr. Vs. Biswanath Banerjee - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in112Ind.Cas.456
AppellantRamnaraIn Roy Chowdhury and anr.
RespondentBiswanath Banerjee
Excerpt:
evidence - practice--calling opposite party as witness--proper order to he passed. - 1. we think that in this matter the proper order to be passed is this: the examination of the petitioner (defendant no. 2 in the suit) will be postponed till the evidence on the side of the plaintiff is closed. then if the petitioner does not offer herself for examination an the side of the defendants, the plaintiff will be at, liberty to examine her, as his witness. the learned counsel for the petitioners gives an undertaking that she will be available at dacca for examination by the plaintiff at the stage that we have indicated. by this order we do not mean to suggest; that he must necessarily be examined. the rule is made absolute in these terms.2. the costs of the 'rule will be costs in the cause. we assess the hearing fee at five gold mohurs.
Judgment:

1. We think that in this matter the proper order to be passed is this: The examination of the petitioner (defendant No. 2 in the suit) will be postponed till the evidence on the side of the plaintiff is closed. Then if the petitioner does not offer herself for examination an the side of the defendants, the plaintiff will be at, liberty to examine her, as his witness. The learned Counsel for the petitioners gives an undertaking that she will be available at Dacca for examination by the plaintiff at the stage that we have indicated. By this order we do not mean to suggest; that he must necessarily be examined. The Rule is made absolute in these terms.

2. The costs of the 'Rule will be costs in the cause. We assess the hearing fee at five gold mohurs.


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