Ext.P3 proceedings of the learned Munsiff permitting the plaintiff to file a counter affidavit to the proof affidavit filed by the first defendant DW1 in lieu of his chief examination under O.XVIII R.4(1) and ultimately rejecting Ext.P1 proof affidavit on the ground that objection has been filed by the plaintiff to Ext.P1 is under challenge in this petition under Art.227 of the Constitution initiated by the defendant.

2. I have heard the submissions of Sri. D. Krishna Prasad, learned counsel for the petitioner and those of Sri. C.K. Sreejith, counsel for the 1st respondent plaintiff and Sri. B. Parthasarathy, counsel for the 3rd respondent. Sri. Krishna Prasad would refer to sub-r.(1) of R.4 of O.XVIII C.P.C. and submit that there is no provision for permitting the opposite party to file counter affidavit to an affidavit which has been filed by a witness in lieu of his chief examination. Proviso to sub-r.(1) of R.4 of O.XVIII, in the opinion of the learned counsel will indicate that the witness is given a free hand in the matter of filing affidavit in chief examination except in the matter of proof and admissibility of the documents produced along with the affidavit. Acc