CPC

P.S.Subbaraman (Querist) 29 July 2009 This query is : Resolved
Plaintiff filed a suit for declaration and recovery of possession. Plaintiff is unable to be examined due to poor health conditions. Can the other witness be examined and the Plaintiff be examined on a later date after the improvement of his health condition .What is the Order that is applicable in this case under the Code of Civil Procedure ?

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Y V Vishweshwar Rao (Expert) 29 July 2009
C.P.C- Order 18 Rule 3- A -contemplates a party to the suit proceedigns shall be examined before any other witness- unless the court otherwise directs for the reasons to be recorded !

A petitioon can be filed for permission of the Court to examine the Plaitnff at later stage after examination of the other witnesses !

n.k.sarin (Expert) 29 July 2009
Mr. Rao advised very well.In addition to that court has jurisdiction to issue commission for cross examination.

Sushil Kumar Bhatia (Expert) 29 July 2009
If the party in suit is unable to be presented in the court personally due to ill health he can be exmine in his house court can order to appoint court commikssioner for examination in cheif as well as cross examination order 18 rule2,3

Kiran Kumar (Expert) 30 July 2009
O. 18 R. 3-A specifically covers this provision.

u can make an application there under if necessary.

M. Sahul Hameed (Expert) 02 August 2009
Two alternative remedy one is you file apetition under order 18 and rule 3-A seeking you may be examine as a witness laterly and second one is you file a commissioner application and appoinment of commissioner by the court and you shall be examine as 1st witness in your residence or hospital by the commissioner and the rport before the court

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