RAJAN Vs. LAKSHMI

JUDGEMENT

(1.) REVISION petitioners are petitioners in I.A. No. 2313/99 of the Sub-Court, Kozhikode. The question is whether counsel for the opposite party can be allowed to be examined as a witness for the revision petitioners. The request was to issue summons to 7 witnesses of whom witnesses 6 and 7 were Advocate's Clerk and Advocate respectively, who appeared in a prior proceeding O.S. No. 45/81.

(2.) THE suit was for setting aside the decree and execution proceedings in O.S. No. 45/81 as null and void as they are obtained by collusion, mis- representation and suppression of facts. It was alleged that when O.S. 45/81 was in progress the present plaintiffs' Advocate was bed-ridden due to a serious illness and that witness No. 6 was the Clerk, to whom the unregistered will of the father and the gift deed of the mother were entrusted along with other documents. They were produced in the Munsiff's Court; but returned for re-presentation to the Sub-Court. During this interRegulation m the document was taken back by witness No. 6 and he did not produce the documents during the trial of O.S. No. 45/81 and it was the crucial lapse which resulted in the particular decision.

(3.) THE petition was opposed by the 5th defendant on the ground that her counsel happened to file a suit against the plaintiffs' counsel's father and mother with one A.T. Abdul Khader as plaintiff and that the present petition is to wreak vengeance by the counsel for the plaintiffs against the Advocate, who was appearing in the said suit against his father and mother.