T. N. VALLINAYAGAM, J.

( 1 ) THE defendant in O. S. 142/95 has filed the above revision petition complaining about the witness, DW. 3, who, according to him, turned hostile and the Court below refused to grant such request and permission to treat the witness as hostile. Hence, the present revision petition by the defendant.

( 2 ) HEARD the respective counsel.

( 3 ) SECTION 5 of the Evidence Act speaks about evidence to be given on facts in issue and relevant facts. It reads as follows. "evidence may be given of facts in issue and relevant facts.- Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of not others. Explanation.- This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure. "

( 4 ) WHILE discussing various types of witnesses, the nature of hostile witness is considered under the above Section 5. Under Section 154 of the Evidence Act, the question of permitting the party to be questioned to his own witness is provided for. Sect

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