MADHU G. Vs. BINDHU G.

JUDGEMENT

(1.) Ext.P6 order passed by the Munsiff's Court, Pathanamthitta (for short, 'the trial court') under Order 18 Rule 16 of C.P.C. is under challenge in this original petition.

(2.) The petitioner is the plaintiff and the respondents are the defendants in the OS No.5/2023. The suit is one for permanent prohibitory injunction and declaration. The second defendant filed an application before the trial court as IA No.3/2023 under Order 18 Rule 16 of C.P.C. seeking permission to immediately examine him on the ground that he is critically ill. The plaintiff opposed the application stating that he should be examined first. However, the trial court as per Ext.P6 order allowed the application. It is challenging the said order, the plaintiff is before this court.

(3.) I have heard Sri.Jacob P.Alex, the learned counsel for the petitioner as well as Sri.Liji J.Vadakedom, the learned counsel for the respondents.