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1996 Supreme(Mad) 939

ARUNA JAGADEESAN
Samidurai and Others – Appellant
Versus
Kanakayal – Respondent


Advocates:
R.Balakrishnan, for Petitioners. K.N.Pandiyan, for Respondent.

Judgment :

The defendants in O.S. No.275 of 1993 have filed the above revision petition against the order of the District Munsif, Jayankondam in I.A. No.196 of 1995. The said application was filed by the respondent herein who is the first plaintiff in the suit, seeking permission to examine herself as a witness after the second plaintiff and one other independent witness had been examined. The petitioners herein opposed the claim of the respondent herein on the ground that the respondent herein cannot be permitted to be examined as a witness after other witnesses had been examined. If the respondent wants to examine herself as a witness, she ought to have got the permission of the court prior to the examination of other witnesses. Since the respondent did not reserve any right to examine herself as a witness by obtaining permission before even the other independent witnesses were examined, the court has no jurisdiction to grant permission to the permission to the respondent to examine herself as a witness. However, the lower court has considered the recent two judgments of this Court and agreed with the view expressed in one judgment reported in Karuppuswamy v. Gnana Soundari (1986)






















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