ORDER :-2nd defendant in O.S. No.2 of 2004 in the Court of VI Additional District and Sessions Judge, (Fast Track Court), Krishna at Machilipatnam, filed this revision, aggrieved by the order dated 8.9.2006 in LA.No.392 of 2004 filed under Section 138 of Evidence Act and Order VIII Rule 5, read with Section 151 C.P.C.

2. For the sake of convenience, the parties are referred to, as arrayed in the suit.

3. The suit was filed by the plaintiff, for the relief of partition and separate possession of the suit schedule properties. It is stated that defendants 1 and 3 arc sailing with the plaintiff and the 2nd defendant alone is contesting the matter. The trial of the suit commenced. The plaintiff was examined as P.W.1 in chief. He was also cross-examined on behalf of the first defendant. The cross examination on behalf of the second defendant is in progress. On noticing that defendants 1 and 3 have supported the plea of the plaintiff, the second defendant filed I.A. No.392 of 2004 with a prayer to expunge that portion of the evidence, which related to cross-examination of P.W.1 on behalf of the first defendant. The trial Court dismissed the application on 8.9.2006. Hence, this civil revisio

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