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2021 Supreme(Mad) 3039

V.M.VELUMANI
Sri. Venkataramana Cotton Mills Represented by its Proprietor Sri. Magam Ravi – Appellant
Versus
Sri Kannapiran Spinning Mills Represented by its Partner Sri. Devarajan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.C.R.Prasanan
For the Respondent: Mr.S.Thangavel

ORDER :

(The matter is heard through “Video Conferencing/Hybrid Mode”.)

Civil Revision Petition is filed against the fair and decretal order dated 13.07.2017 made in I.A.No.470 of 2017 in O.S.No.584 of 2011 on the file of I Additional District Court, Coimbatore.

2. The petitioner is the plaintiff and the respondents are the defendants in O.S.No.584 of 2011 on the file of I Additional District Court, Coimbatore. The petitioner filed the said suit for recovery of money for the goods supplied to the respondents. The 1st respondent is the partnership firm. The 2nd respondent filed written statement and the same was adopted by the respondents 1 and 3. The trial commenced. The petitioner let in evidence and closed their side. The respondents examined an Accountant as D.W.1 stating that he is aware of the facts and he was cross-examined by the counsel for the petitioner. After cross-examination of D.W.1 by the counsel for the petitioner, the 2nd respondent filed proof affidavit to examine himself as D.W.2. The petitioner filed the present I.A.No.470 of 2017 under Order XVIII Rule 3-A read with Section 151 of C.P.C. contending that when a party to the suit wishes to give evidence, he must be

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