Examination in chief

DEAR BHATIA,

Your question is not clear to me, and unable to understand.

i) Whether, Three Co-Plaintiffs themself filed the suit ?

ii) Or the suit was filed by Husband of one of the Plaintiff as Attorney Holder?

iii) If, the suit was filed by the co-plaintiffs themself, why they didn't comeforward for evidence ?

iv) What happend about their evidence, when they themselves  didn't comeforward for evidence ?

v) When Plaintiffs themselves, neither comeforward for their evidence nor they filed there evidence in Chief-Examinations, how the Hon'ble Court prmitted them to" Produce Husband of one of the Plaintiff " ?

vi) The suit in dispute is a " TITLE SUIT " filed by the three Co-Plaintiffs, then, by whome the documents will be "MARKED AS EXHIBIT" in the said suit. ?

vii) Whether, the Hon'ble Court prmitted them to proceed as above without any objection ?

Its' ok,  if the situation is either as stated by you or as per above,  if you need, you are having full right to " CALL FOR THE THREE (3) Co-Plaintiffs for examination/evidence" .

But, as per me,

i) It is the correct Procedure, the plaintiffs themselves have to come forward first  and should have file their Evidence and " The Hon'ble Court also should have to insist them for the same" .

ii) And on their failure to do so, their (Plaintiff's) evidence should have to be recorded as  "NIL/CLOSED", and suit may be decided as "ex-pate". 

Q not clear. legible pl

Mr.Sushil Kumar,

With reference to your question, pleae refer to Order XVIII of CPC, titled "HEARING OF THE SUIT AND EXAMINATION OF WITNESSES", under which

Rule 3 states in the following terms :

 Or XVIII R3 :- Evidence where there are several issues : -

 Where there are several issues, the burden of proving some of which lies on the other party, the party begining may, at his option, either produce his evidence on those issues or reserve it by way of answer to the evidence produced by the other party; and, in the latter case, the party beginning may produce evidency on those issues after the other party has produced all his evidence, and the other party may then reply specially on the evidence so produced by the party beginning; but the party beginning will then be entitled to reply in generally on the whole case.

Or XVIII R 3-A : - Party to appear before other witnesses : -

Where a party himself wishes to appear as a witness, he shall so appear before any other witness on his behalf has been examined, unless the court, for reasons to be recorded, permits him to appear as his own witness at a later stage.

Thus w.r.t. your query, the husband of the plaintiff can definitely be produced as witness irrespective of the fact whether the husband of the plaintiff is a party to the suit or not.

Dear,

             The suit was filed by the three co plaintiffs showing their title & interest in property in suit all are ladies husband of one of the plaintiffs making pairvi in this case .the suit was filed and verification on the personal knowledge of co plaintiff who have signed the plaint ,there is no power of attorney either of plaintiffs Can husband be treated as PW-1 ,I have made objection on Examination in chief of the husband instead of plaintiffs own chief.

I do agree with Mr.  D.V.RamaKrishna he is absolutely right.

Sir, you have to examine one of the Plaintiffs as P.W.-1 beacuse the person capable of deposing about the title over any property is the person who is having the title. If you think that the plaintiffs cannot stand to tirrade of questions in the cross examination, then you can examine the wife of so called husband as P.W.-1 only to the extent that she is the co-owner  of the property along with other Plaintiffs and her husband used to look after matters pertaining to the property. Then you can examine the husband as P.W.-2. 

Thanx to all

if the witness is a competent to capable of giving evidence and also the witness well aware the facts personally disclosed, which is culled from the documents, prior to give evidence one of the plaintiff should obtained permission from the court with explain reasons for examin as a witness.