A S K SIVAKUMAR Vs. D RAJESH JAIN

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and decretal order, dated 7.12.2009, in I.A.No.960 of 2009, in O.S.No.364 of 2005, on the file of the Additional District Munsif Court, Vellore.

(2.) The petitioner in the present Civil Revision Petition is the defendant in the suit. The respondent had filed the suit, in O.S.No.364 of 2005, praying for a decree directing the defendant in the suit, who is the petitioner herein, to redeliver possession of the suit schedule property and on his failure, to deliver possession of the suit property, through the process of court, and for a permanent injunction to restrain the defendant therein from leasing out the demised premises to third parties.

(3.) The petitioner had filed an interlocutory application, in I.A.No.960 of 2009, praying that the trial Court may be pleased to recall the respondent/plaintiff as a witness. The petitioner had stated in the affidavit filed in support of the interlocutory application that, on a perusal of the documents, by his present counsel, it was found that certain important facts had been overlooked by the previous counsel and that such facts have to be ascertained through the evidence of the respondent/plaintiff. Unless the said facts are elucidated through his evidence, it would cause unnecessary hardship in deciding the suit, on its merits.