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1989 Supreme(Mad) 283

RATNAM
Ayyasami Gounder and Others – Appellant
Versus
T. S. Palanisami Gounder – Respondent


Appearing Advocates:M. V. Venkataseshan, R. Subramanian, Advocates.

Judgment :-

This Civil Revision Petition at the instance of the plaintiffs in O. B. No.1146 of 1980, District Munsif's Court, Coimbatore, has been preferred against the order passed by the Court below, on an application taken out by the respondent herein, the 2nd defendant in O. S.1146 of 1980, under Order XVIII. R.3-A, Code of Civil Procedure, for permitting the respondent herein to be examined as a witness. In O. S. No.1146 of 1980, the petitioners had prayed for the relief of permanent injunction restraining the respondent and two others from obstructing the user of the suit cart track. In that suit, the witnesses on behalf of the petitioners were examined and the evidence on their side was closed on 12-4-1987. The examination of the witnesses on behalf of the respondent and others was commenced on 17-6-1987 and the examination of the first witness was completed on 17-7-1987. On 28-10-1987, another witness was examined and his examination was also completed on 7-1-1988. A third witness was examined on 5-4-1988 and his examination was also completed on 13-6-1988. It is not in dispute that among the witnesses to be examined, there were witnesses other than the parties to the suit.







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