#directory provision

The Jharkhand High Court ruled that Order XVIII Rule 3A of the CPC is merely directory, allowing a party to be examined as a witness after other witnesses if the court grants permission and nominal costs are paid. This discretion lets elderly or infirm litigants testify later without derailing the trial, benefiting parties in civil and probate suits.

The Punjab & Haryana High Court ruled that Order 18 Rule 3A CPC is directory, not mandatory, allowing a party to be examined as a witness after other witnesses if the trial court records valid reasons and no prejudice is caused. This affirms judicial discretion and waiver principles, ensuring procedural fairness in civil litigation.