ORDER :

(Mummineni Sudheer Kumar, J.)

(Prayer: Petition filed under Article 227 of the Constitution of India to set aside the order dated 23.09.2019 in I.A.No.2 of 2019 in O.S.No.40 of 2016 on the file of the Court of the Subordinate Judge, Aruppukkottai.)

This civil revision petition is directed against an order dated 23rd September, 2019 passed in I.A.No.2 of 2019 in O.S.No.40 of 2016 passed by the Court of the Subordinate Judge, Aruppukottai.

2. The said application was filed by the respondents/defendants under Order XVI Rule 1(3) and Rule 21 read with Section 151 of the Civil Procedure Code to summon the 1st petitioner/plaintiff as D.W.2. The said application was allowed by the learned trial Court on the ground that this Court in the case of V.K.Periasamy alias Perianna Gounder vs. D.Rajan, AIR 2001 Mad 410 = (2001) 2 M.L.J. 235, held that there is no bar to examine the opposite side as a witness under the Civil Procedure Code. Except the said reason, there is no other reason assigned by the learned trial Court, while passing the order under revision. The basic facts that made the respondents herein to file the application in question were also not considered by the learned trial