PUTTASWAMY AND ANOTHER Vs. MASTHJGOWDA

JUDGEMENT

(1.) The order impugned in this revision petition is one wherein the Trial Court has refused to permit the petitioner to examine the Counsel who attested the Will as attesting witness. In any event, now it is brought to my notice that the Counsel has since retired and after retirement certainly he can become the witness and therefore, there can be no prohibition for the same.

(2.) Sri M. Shivappa, learned Counsel for the respondent relied upon the dictum of Madras High Court in, In re. C.S. Venhatachariar, First Grade Pleader and R.S. Second Grade Pleader, to the following effect:

(3.) In any event, the Counsel has retired from the field and there can be no prohibition for getting himself examined.