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1989 Supreme(Mad) 145

SATHIADEV
Bhanumathy – Appellant
Versus
M. Venkatesan and Others – Respondent


Appearing Advocates:R. Muthukumaraswami Advocate.

Judgment :-

Plaintiff in O.S.No. 23 of 1984, Sub Court, Salem is the petitioner herein. She filed the suit for partition and separate possession of A and B schedule properties, and for a direction to take accounting of the profits of the firm of Narayana Udayar and Brothers, which was dissolved in 1980 and pay the amounts which had become due to her.

2. Pending disposal of the suit, she filed I. A. 933 of 1988 to reopen the case, so that she may be examined for adducing further oral and documentary evidence. The suit was posted on 13-6-1988 for further arguments. It was on that day, she filed an affidavit in the above-said I.A. claiming that she could not go from Madras to Salem every time for the hearing of the suit, and therefore, she had deputed her husband, who used to contact her previous advocate and intimate her about the stage of the suit. Her husband was extracting money and jewels from her and leading wayward life, and enmity developed when she refused to oblige him with money; and without her consent and knowledge, he had given evidence as her witness and made some endorsement on the plaint. She wanted to examine herself as a witness and mark some important documents, but










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