CHACKO VARGHESE Vs. KARTHIYANI & OTHERS

JUDGEMENT

(1.) THE revision petition arises out to an interlocutory order passed by the court below. By that order, the court below declined permission to examine the son of the revision petitioner - 2nd defendant as a witness in the case. The reason: admittedly he was present in the court throughout, when other witnesses were being examined. Not only that. He was virtually instructing counsel for the 2nd defendant and was following the entirety of the evidence adduced in the case. The suit was for termination of an agreement whereunder some land was given to defendants 1 and 2 for quarrying and for recovery of the property.

(2.) A statutory provision pointed out as relevant in this connection is Section 135 of the Evidence Act. It reads:

(3.) THE examination of the case law here and in England would bring out the emphasis given by the Courts on the discretion of the trial court' some of the Indian decisions on the topic are: