LEELA VIJAY KUMAR Vs. POOJA P KAMATH

JUDGEMENT

(1.) Heard Sri.G.Krishna Murthy, Senior counsel for the petitioner on the question of admission.

(2.) In these petitions under Article 227 of the Constitution of India, the petitioners have assailed the validity of the order dated 05.12.2014 passed by the Trial Court, by which application preferred by the petitioners under Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code' for short) seeking to examine the petitioner as Defendant Witness No.2 as well as an application seeking condonation of delay in filing the list of witnesses have been rejected.

(3.) Facts giving rise to filing of the writ petitions briefly stated are that respondent has filed the suit seeking the relief of specific performance of the agreement dated 06.10.2005. The total sale consideration is Rs.60 lakhs and it is the case of the respondent that a sum of Rs.3 lakhs was paid by way of advance and a sum of Rs.16 lakhs by way of cash towards brokerage expenses and leveling of the suit property. The Trial Court framed the issues. The respondent adduced his evidence. Thereafter, petitioner examined one G.V.Raghavendra, power of attorney holder for the petitioner as Defendant Witness No.1. During the course of cross examination, Defendant Witness No.1 stated that certain facts are only within the knowledge of the petitioner. The petitioner thereupon filed an application under Section 151 of the Code seeking permission to examine herself as Defendant Witness No.2. Another application was filed seeking condonation of delay in filing the list of witnesses. The Trial Court vide impugned order has rejected the applications.