M.N. Chandurkar, C.J.

1. This revision petition filed by the original defendants arises out of an order made by the IV Assistant City Civil Judge, Madras, in an application I.A. No. 7203 of 1986 in O.S. No. 1692 of 1984, holding that having regard to the provisions of Order 18, Rule 3-A of the Code of Civil Procedure, second defendant cannot be examined as a witness at the stage at which the trial of the suit was at the moment.

2. The respondent, petitioner in I.A. No. 7203 of 1986, is the plaintiff, has filed a suit for declaration that he is entitled to the suit property as a life-estate-holder pursuant to the settlement deed dated 1.12.1967 executed by his late father Kistappa Chettiar. He has also sought a decree for possession of the suit property. The basis of the claim for declaration and possession is that on 1.12.1967 the deceased Kistappa Chettiar had executed a settlement deed in favour of the plaintiff in respect of the suit property and that after his death, the property passed on the plaintiffs heirs. This document, according to the plaintiff, was given effect to and has been acted upon. The plaintiff has also averred that on the sameday, that is, on 1.12.1967, the