“3. Though Rule 3-A of Order 18 CPC directs the party, wishing to examine himself as a witness, to give evidence as a witness in the first instance before he examines other witnesses, it vests the Court with the power to permit a party to the suit to give evidence as a witness on his behalf at a subsequent stage, by recording reasons therefor. Therefore, a party not giving evidence as a witness in the first instance, would be running the risk of the Court refusing permission to give evidence as a witness at a later stage, and depending on the facts and circumstances of the case such party may also be facing her peril of the Court drawing an adverse inference for not giving evidence as a witness on his behalf. No provision of law which empowers the Court to direct a party to the suit to follow a particular order of examination of his witnesses or which empowers the Court to compel a party to give evidence, is brought to my notice. Since a fact in issue can be proved by a party either through his evidence or through the evidence of his witness, party to the suit has the option or freedom of choice as to how he should prove his case. So it is not within the purview of the Court to give a direction to the party to give evidence as a witness in the first instance, before examining witnesses on his behalf.”
