SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(Ker) 574

KAUSER EDAPPAGATH
Smitha – Appellant
Versus
Anil Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vinod Madhavan, M.V.Bose, Nisha Bose, Saniya C.V.

JUDGMENT :

The rejection of the request for examining the husband of the plaintiff in the trial of a suit, for and on behalf of the plaintiff, is under challenge in this original petition.

2. The petitioner is the plaintiff, and the respondents are the defendants in O.S.No.106/2010 on the files of the Sub Court, Manjeri (for short 'the trial court'). The suit is to declare two registered cancellation deeds executed by the 1st defendant as null and void and for a permanent prohibitory injunction.

3. When the case was posted for evidence, the petitioner filed I.A.No.3/2023 (Ext.P1) to permit her husband to adduce evidence for and on her behalf. The trial court dismissed the application as per the impugned order.

4. I have heard Sri. Vinod Madhavan, the learned counsel for the petitioner. There is no appearance for the respondents.

5. The trial court dismissed Ext.P1, holding that it is not possible to permit any person to give evidence on another person's behalf. It was further observed that the husband could be cited as a witness and examined as the plaintiff's witness.

6. Section 135 of the Evidence Act deals with the order of production and examination of witnesses. It lays down that th

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top