The revision petitioner is the defendant. The respondent/plaintiff, who is none other than the brother of the defendant, filed the suit in O.S.No.277 of 1999 on the file of the Subordinate Judge, Gudiyatham, for an injunction against the defendant to restrain him from interfering with the business of the plaintiff. The trial commenced on 21.10.2002. The plaintiff filed an affidavit of proof with certain documents, for which the defendant ought to have cross examined the plaintiff. At that stage, the defendant filed a memo stating that as the amended Code of Civil Procedure is prospective and not retrospective, the plaintiff should have been examined in Court rather than the Court directs him to file an affidavit as evidence in chief examination on the ground that the defendant will lose his chance of opposing marking of document and copies thereof has also not been furnished as per the C.P.C. Amendment Act 22 of 2002. The learned Subordinate Judge dismissed the memo on the ground that under Order 18 Rule 4 (1), in all cases, chief examination of all the witnesses will be by way of an affidavit along with the documents to be filed and such witnesses shall be cross-examin