M.R. Hariharan Nair, J.

Can the propounder of a will, who is a defendant, insist that he should be examined as a party only after his witnesses including the Sub Registrar and the Attestors are examined? This is the question that arises for decision in this revision.

2. In a suit for partition the revision petitioner, who is the 5th defendant raised a contention that one of the items in the plaint schedule is not partible for the reason that it is covered by a will executed by the mother of the parties in the year 1982. Pursuant to the replication denying the validity of the will the Court decided that the defendants should open the evidence in the case. The 1st defendant then filed LA. No. 330/95 praying that the District Registrar, Trivandrum be directed to produce before the Court the original will dated 30.8.1982 along with the envelope concerned and all other connected records. That was disallowed stating that the 1st defendant and his counsel could peruse the documents in the presence of the District Registrar, Trivandrum, get attested copies thereof for production and that the production of original could be considered at the trial stage. He subsequently filed LA.