AIR 1961 ANDHRA PRADESH 420

Andhra Pradesh High Court

Hon'ble Judge(s): Chandrasekhara Sastry , J

Evidence Act (1 of 1872) , S.135— Court has power to order unexamined witnesses out of court - Party himself a witness - Proper procedure to be followed. The court has power to order unexamined witnesses out of court at any time during the trial on the application of either party. Where a party is also a witness the court can require him to give evidence before he examines his other witnesses since it has the power under S. 135., Evidence Act to prescribe the order in which witnesses are to be examined. If he is not willing to do so, the court can order him out of the court hall when his other witnesses are giving evidence. This procedure ensures to the party his right to be present in court when his suit is being tried. At the same time it does not interfere with the court's power to prescribe the order in which the witnesses are to be examined : Even if the party himself is conducting the case without the aid of any counsel this is the procedure to be followed so as to avoid any suspicion that the weak parts of the evidence of any other witnesses will be patched up later by the party himself when he enters the witness box.(Para 5) .....