P. K. TRIPATHY, J.

( 1 ) PLAINTIFF in title Suit No. 41 of 1998 of the Court of Civil Judge (Sr. Division), Parlakhemundi has preferred this Civil Revision under S. 115 of the Code of Civil Procedure, 1908 (in short 'the Code') as against the order passed on 21-9-1999 by the trial Court. It appears from that order that plaintiff's application under Order 16, Rule 21 of the Code to summon the defendant No. 2 to depose in the case as a witness on behalf of the plaintiff was rejected on the ground that such a practice has been condemned by the Privy Council as per the commentaries in the Indian Evidence Act by Sarkar 13th Edn. page 1395 and 1396.

( 2 ) IT was stated at the bar that plaintiff has brought the suit for partition against his two surviving brothers and the legal representatives of one deceased brother. Along with the relief of partition plaintiff has also claimed for other reliefs, with respect to the suit properties. Defendant No. 2 filed a written statement inter alia advancing plea of previous partition. In course of hearing of the suit plaintiff tendered his evidence both oral and documentary and closed his case. In course of adducing of evidence by the defendants def