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2006 Supreme(Kar) 606

D.V.SHYLENDRA KUMAR
SHARADAMMA – Appellant
Versus
KENCHAMMA – Respondent


( 1 ) WRIT petition by a person who is aggrieved by an order passed by the trial court on I. A. No. 6 which the petitioner had filed in a pending suit praying for issue of directions by the Court to the first respondent-plaintiff to either come and give evidence in person or allow the petitioner-applicant to cross-examine the plaintiff.

( 2 ) SUCH an application having been rejected in terms of the impugned order, the present writ petition.

( 3 ) THE petitioner is the second defendant in original suit No. 152/1999 now pending on the file of the Addl. Civil Judge [jr. Dn. j and JMFC, Kunigal. [copy at Annexure-A]. The suit by one Smt. Kenchamma claiming to be wife of late Gangaiah with several other wives of her husband and their children, as defendants is for claiming her share under the late Gangaiah.

( 4 ) IT appears the first respondent-plaintiff had executed a power of attorney for the purpose of conduct of the suit. It is at this stage that the writ petitioner had come up with an application in I. A. No. 6 praying for issue of directions to the plaintiff in the suit to depose by herself or to permit the applicant to cross-examine her. Such an application having been rejecte







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