Order 1

Order Details: Order below exhibit
Pdf Text: Suit No. 1387/19. 1 Order below Exh.49.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
ORDER BELOW EXHIBIT 49
IN
SUIT NO. 1387 OF 2019
Sagar Shivaji Puthran )...Plaintiff
Versus
Shivaji Kanthappa Puthran and others )...Defendants
Smt. Devki Shinde, Advocate for the plaintiff.
Shri Nikhil Patil, Advocate for the defendant no.1 and 2.
CORAM : HIS HONOUR JUDGE SHRI P.G.BHOSALE.
(COURT ROOM NO.62).
DATE : 17th SEPTEMBER, 2025.
ORDER
1. The plaintiff has filed this application to examine him as a
witness in this suit.
2. Earlier the plaintiff has adduced his evidence through his
Constituted Power of Attorney. The defendants have cross-examined the
Constituted Power of Attorney of the plaintiff. Now the plaintiff wants
to examine himself as a witness in this suit. The plaintiff has prayed to
allow his application.
3. The defendants have strongly opposed this application by
stating that this application is not maintainable. The plaintiff wants to
fill up the lacunae in his evidence. He has filed this application at a
belated stage with malafide intention. The defendants will suffer
prejudice if this application is allowed. Lastly they have prayed to reject
the application.
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Suit No. 1387/19. 2 Order below Exh.49.
4. Heard both sides. Read Order 18 Rule 3A of the CPC. The
Court may permit to examine a party after any other witness is
examined on his behalf. Still the suit is for evidence of the plaintiff. The
plaintiff can be allowed to examine himself as a witness, subject to
payment of costs to the defendants. If the plaintiff is directed to pay
costs to the defendants, it will meet the ends of justice. If the plaintiff is
not allowed to examine himself as a witness, he will not get fair
opportunity to contest the suit. The defendants have the right to cross-
examine the plaintiff and no loss will be caused to them. So I allow this
application and pass the following order :
- ORDER -
1. The application below Exh.49 is allowed and disposed of.
2. The plaintiff is allowed to examine himself as a witness, subject to
payment of costs of Rs.1,000/- only to the defendants on or
before next date.
3. If the plaintiff fails to pay the costs, then this order will be
vacated.
(P.G.BHOSALE)
Judge, City Civil Court,
(Court Room No.62)
Date : 17/09/2025. Mumbai.
1. Directly dictated on computer on : 17/09/2025.
2. Checked on : 18/09/2025.
3. Signed on : 18/09/2025.
4. Delivered to Certified Copy :
Section on
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Suit No. 1387/19. 3 Order below Exh.49.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
19/09/2025. 5.16 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri P.G.Bhosale.
(Court Room No.62).
Date of Pronouncement of Judgment/Order 17/09/2025.
Judgment/Order signed by P.O. on 18/09/2025.
Judgment/Order uploaded on 19/09/2025.
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