Legal Question in Civil Litigation in India
suit No. 1 was clubbed with suit No. 2 and evidence is ordered to be recorded in suit No. 2. the array of parties is as in suit No. 2. the plaintiff in suit No. 1 is the 4th defendant. plaintiff's evidence in suit No. 2 was closed after examining PW-1 & 2 and the matter was posted for D-4's evidence who is plaintiff in suit No. 1. D-4 filed a petition to record his evidence as PW-3 and requested to mark his documents in A series. is it not against Rule 95 and 115 of civil rules of practice. can court allow such a request. please provide any citaitons.
Asked on 10/22/09, 8:51 am
1 Answer from Attorneys
Seshadri Srinivasan
www.lawconcern.com
Once two suits are ordered to be clubbed, it is in Court's discretion to record evidence of D4 as defendant's evidence only, notwithstanding the fact that D4 is the plaintiff in Suit No1.
Answered on 10/23/09, 3:15 am
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