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1984 Supreme(Mad) 75

SATHIADEV
Marappa Gounder and Others – Appellant
Versus
Sellappa Gounder and Others – Respondent


Advocates Appeared:S. Gopalaratnam, N. Sivamani, Advocates.

Judgment :-

Defendants are petitioners. Respondents who are plaintiffs filed O. S. No. 58 of 1981, on the file of the District Munsif's Court, Bhavani, for a declaration that they are entitled to irrigate their lands through the suit channel, and to restrain defendants from interfering with their right of irrigation, by way of an injunction. Written statement was filed on 10-11-1982, and issues were framed on 2-3-1983. The suit was taken up for trial on 28-6-1983, and adjourned to 14-7-1983, on which date, instead of any of the plaintiffs being examined, one of their vendors was examined as P. W. 1. On 15-7-1983, Exs. A1 to A3 were marked and P. W. 1 was examined on 16th, 18th and 19th of July 1983. On coming to know that plaintiffs were arranging to put one of the plaintiffs in the box for examination, I. A. O. No. 1067 of 1983 was filed under O.XVIII rule 3-A and S.151 C. P. Code, to pass an order prohibiting the examination of any of the plaintiffs in the suit. The trial Court dismissed the application holding that, when the suit was opened on 14-7-1983, counsel for plaintiffs sought oral permission to examine the vendor of the suit property, and that, on 15-7-1983, a joint memo










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