The defendant in O.S.No.37 of 2005 is the revision petitioner before this Court.

2. The case of the petitioner is that the money suit based on a mortgage deed is being tried by the competent Court, wherein witnesses have been produced on either side and the trial was over. When the case was posted for arguments, the plaintiff filed an I.A.No.463 of 2012 for the re-open the evidence on the plaintiff’s side in order to examine an attesting witness of the mortgage deed dated 01.11.1993.

3. By reputing the contention of the petition, the respondent filed counter saying that the said application is liable to be dismissed on the ground that it was filed belatedly that too after the trial was over. So the same is not entertainable.

4. Considering the averments made in the affidavit and counter affidavit, the learned trial Court allowed the said application by concluding that an opportunity is to be given to the petitioner to examine the attestor. The learned trial Judge has also relied on the Judgment of the Hon’ble Supreme Court in 2011 (7) MLJ 612. Challenging the said order, this civil revision petition has been filed before this Court.

5. Heard Mr.T.Easwaradhas, learned counsel app