HUSSAIN BIN AWAZ Vs. MITTAPALLY VENKATARAMULU

JUDGEMENT

(1.) Leave granted.

(2.) The short issue for consideration in the present appeal is as to whether the High Court, at the revisional stage, ought to have allowed the application invoking Sec. 45 read with Sec. 73 of the then Indian Evidence Act, 1872 (for short 'the Act') when the trial has already concluded, that too the applicant being the defendant in a suit for declaration and injunction.

(3.) In our considered view, the High Court has committed an error in reversing the order passed by the Trial Court.