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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XVIII: Hearing Of The Suit And Examination Of Witnesses

Order XVIII Rule 3A CPC: Party to appear before other witnesses

Bare Act text

[3A. 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.]

Amendment notes

  1. Ins. by Act 104 of 1976, s. 69 (w.e.f. 1-2-1977).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Where a party wishes to appear as a witness himself, he must appear before any other witness on his behalf is examined. The Court may, for reasons recorded, permit him to appear as his own witness at a later stage. The rule was inserted by the 1976 amendment.

Order XVIII: Hearing Of The Suit And Examination Of Witnesses

  1. 1 Right to begin
  2. 2 Statement and production of evidence
  3. 3 Evidence where several issues
  4. 3A Party to appear before other witnesses
  5. 4 Recording of evidence
  6. 5 How evidence shall be taken in appealable cases
  7. 6 When deposition to be interpreted
  8. 7 Evidence under section 138
  9. 8 Memorandum when evidence not taken down by Judge
  10. 9 When evidence may be taken in English
  11. 10 Any particular question and answer may be taken down
  12. 11 Questions objected to and allowed by Court
  13. 12 Remarks on demeanour of witnesses
  14. 13 Memorandum of evidence in unappealable cases
  15. 14 Judge unable to make such memorandum to record reasons of his inability (Omitted)
  16. 15 Power to deal with evidence taken before another Judge
  17. 16 Power to examine witness immediately
  18. 17 Court may recall and examine witness
  19. 17A Production of evidence not previously known or which could not be produced despite due diligence (Omitted)
  20. 18 Power of Court to inspect
  21. 19 Power to get statements recorded on commission