K L PARTHASARATHY Vs. G SITALAKSHMI

JUDGEMENT

(1.) THE present revision is directed against the order dated 02.07.2007 made in O.S.No.2458/2003 of the learned VII Additional City Civil Judge, Chennai.

(2.) THE plaintiff in the said suit is the petitioner and the defendant thereon is the respondent.

(3.) THE counter affidavit has been filed on behalf of the respondent stating that for examining D.W.1, an application was filed on behalf of the respondent herein in I.A.No.14945 of 2006 and the same came to be allowed on 30.08.2006 by the Court below and only after examining D.W.1, the respondent herein want to examine her husband as D.W.2 on her side. Secondly it is stated that even on 24.08.2006, it has been made known by the respondent through her counsel that she is going to examine her husband as D.W.2. Thirdly, it is contended that the respondent being the defendant is not going to give evidence in the suit and hence the question of filing the application under Order 8 Rule 3 A does not arise for consideration at all.