The revision petition has been filed against the order dismissing the petition seeking permission to examine the first defendant as a witness on the side of the petitioner who is the plaintiff.

2. The petitioner filed O.S. No.198/99 before the District Munsif, Erode for declaring the right of the plaintiff to take water from the suit wells and to restrain the defendants from interfering with his rights and for other reliefs.

3. The case of the petitioner is that he is entitled to take water from the suit wells. All the parties are related. The respondent herein is the fourth defendant. When the petitioner applied to the P.W.D. and Revenue Department for their permission to lay a pipe-line through the Poramboke lands, he got the consent of the defendants 1, 2, 3, 5 and 6. According to the petitioner, the respondent herein also gave an oral consent. It is also the case of the petitioner that the defendants 1, 2, 5 and 9 have no objection to his taking water from the suit wells. The suit was filed because, the defendants 3 and 4 threatened to break and destroy the pipe-line. The petitioner relied on the sale deed dated 16-11-94 in which the first defendant is

"one of the wit