B R VISWANATH SINGH Vs. SHIVALINGAIAH

JUDGEMENT

(1.) This petition filed as it is, under S. 115 CPC (Code) is directed against an order, dated 10-4-81 of the Munsiff and J.M.F.C., Mandya, on an interlocutory application (I. A. III) in O. S. No. 113 of 1980 pending on the file of that Court. Petitioner Viswanath Singh is the plaintiff and respondent Shivalingaiah is the 1st defendant in the said suit. In that suit the plaintiff is claiming permanent injunction against the defendants in respect of the suit schedule land. The plaintiff had filed an application under Order 39 Rules 1 and 2 claiming temporary injunction on the ground that he was in possession of the land in dispute. The Munsiff issued notices to defendants re. this. The 1st defendant, on entering appearance, filed, I. A. III under Order 19 Rule 1 of the Code seeking permission of the court to file a few affidavits of the neigh-, bouring cultivators along with his objections opposing the plaintiff's claim for a temporary injunction. The plaintiff opposed I.A. III. While opposing I.A. III he urged that the contents of the affidavits cannot as such be taken into consideration unless persons swearing to the said affidavits are tendered for cross-examination and that, in the circumstances, affidavits need not be accepted at all. In this connection Counsel for the plaintiff also placed reliance on a decision of this Court in B. N. Munibasappa v. Gurusiddaraja Desikendra (1). The Munsiff overruled the objections of the plaintiff, allowed I. A. III, and permitted the parties to get the affidavits of their witnesses filed in court.

(2.) While challenging that order in revision, the learned Counsel for the petitioner submitted that the order of the Munsiff is contrary to law and therefore deserves to be quashed.

(3.) Order 19 of the Code deals with affidavits. Rules 1 and 2 of Order 19 read as follows: "1. Power to order any point to be proved by Affidavits:-Any Court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavits or that the affidavit of any witness may be read at the hearing, on such conditions as the court thinks reasonable: