RADHAKRISHNA BHAT Vs. RADHA HENGSU

JUDGEMENT

(1.) THOUGH the matter is posted for admission, as both the sides are represented and agreed for disposal, the same is taken up for final disposal.

(2.) THE petition is filed challenging the order dated 05/02/2003passed by the learned Civil Judge (Jr Dn,), Mangalore in O. S. No. 756/2001.

(3.) THE respondent herein has filed a suit for possession againstthe petitioner and his wife. During the course of the evidence,'the respondent entered into witness box to give evidence on her behalf, and who is also cross- examined on 13/01/2003. Thereafter, she made certain admissions. It appears the learned Counsel appearing for the petitioner has filed a memo to the effect that while giving the evidence P. W. 1 has not been able to answer the questions properly due to her old age, ill-health and light dumbness and as such prayed that the evidence already given by her may be expunged and she may be permitted to lead fresh evidence. By the impugned order, the learned Civil Judge has allowed the memo and ordered for expunging the evidence of P. W. 1