ABDUL RASHEED Vs. B. SYED HUSSAIN

JUDGEMENT

(1.) By the impugned order, an application filed to summon Shri C.K.Ismail as a witness has been rejected by the Trial Court on the ground that the respondent herein had filed a suit for injunction based on a sale deed said to have been executed in his favour by C.K.Ismail as a Special Power of Attorney Holder and in such a suit it would not be necessary to prove that the defendant was not bound by the sale deed and the evidence of C.K.Ismail, would therefore be not relevant.

(2.) The Trial Court has rejected his contention after noticing that the suit is one for injunction and in such a suit, the evidence of Shri C.K.Ismail regarding execution of the sale deed would not be relevant.

(3.) In my view, the reasoning afforded by the Trial Court for rejecting an application is just and proper and does not call for interference.