SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1998 Supreme(Mad) 977

S.JAGADEESAN
Chidambaram – Appellant
Versus
Ratnam – Respondent


Advocates:
Mr. M.A. Ajmal Khan, Advocate for Petitioner. Mr. K. Kuppuswami, Advocate for Respondent.

Judgment :

1. The revision has been filed by the third plaintiff in O.S.No.576 of 1988. The petitioner along with eight others have filed the suit for bare injunction restraining the respondent herein from interfering with their possession and enjoyment of the suit property. When the suit was taken up for trial, the petitioner herein filed I.A.No.136 of 1995 seeking permission to examine himself as P.W.2. The lower court has dismissed the said application by order dated 12. 1995. As against the same, the present revision has been filed.

2. The contention of the learned counsel for the petitioner is that the husband of the seventh plaintiff has been examined as P.W.1 and since the plaintiffs 5 to 9 have purchased the property and they are possession of the same, the court below has held that those who are in possession of the properties must be examined first in accordance with order 18, Rule 3A, C.P.C. since the same is mandatory. It is the contention of the counsel for the petitioner that in view of the judgment reported in Samidurai and others v. Kanakayal, 1996 (II) CTC 429 : 1996 (II) M.L.J. 495 wherein I held that the said provision is directory and not mandatory and as such th





Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top