ASHA NARAYAN UCHIL Vs. PRAKASH KUMAR UCHIL

JUDGEMENT

(1.) The petitioner being aggrieved by the order dated 5.4.2014 passed on memo dated 24.03.2014 in O.S.No.61/2012 on the file of I Additional Civil Judge Mangaluru, is before this Court under Article 227.

(2.) The petitioner is defendant and respondent is plaintiff in O.S.No.61/2012 filed for a judgment and decree for partition of the plaint schedule property and for accounting of income from the suit schedule property and for payment.

(3.) When the matter stood at the stage of evidence, the defendant filed a memo dated 24.02014 indicating the Court that the defendant intends to examine her husband as DW.1 under Section 120 of the Indian Evidence Act, 1872 (for short the Act ). The trial Court by its order dated 5.4.2014 rejected the memo observing that husband of the defendant can invoke Order III Rule 2 of CPC and file power of attorney and to depose on her behalf. The said order is impugned in the present writ petition.