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2003 Supreme(Mad) 229

S.JAGADEESAN
V. P. Subramaniam – Appellant
Versus
P. Saraswathi – Respondent


Advocates Appeared:
Deivasigamani, for Petitioner.
M/s. Sarvabhauman Associates, for Respondent/Caveator.

ORDER:

The revision is directed against the order of the learned Principal District Munsif, Coimbatore dismissing the application filed by the Petitioner seeking a direction to examine the respondent as a witness.

2. The petitioner filed the suit O.S. No.2261 of 2000 for cancellation of the decree dated 15.12.1997 in O.S. No.2538 of 1996. The petitioner examined his witnesses. The respondent did not propose to examine herself as a witness or any other person as her witness. The petitioner filed I.A. No.97 of 2003 seeking for a direction requiring the respondent to give evidence.

3. The respondent filed a counter stating that she cannot be compelled to give evidence. Further in O.S. No.2538 of 1996, she was examined as P.W.1 and the petitioner has cross-examined her and as such, there is no need for the respondent to give any fresh evidence. The present application has been filed with ulterior motive to elaborately cross-examine the respondent.

4. After hearing both the learned counsel, the Court below dismissed the said petition on 24.1.2003. Hence, the present revision.

5. The revision itself was taken up for final hearing with consent of both the counsel, since M/s.Sarvabhauman Associ











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