K LEELAVATHI Vs. MAHESWARI SAKTHI GANESAN

JUDGEMENT

(1.) Aggrieved by the order dated 11.2.2002 in I.A.No.152 of 2002 in O.S.No.1541 of 1995 on the file of the learned II Additional Subordinate Judge, Coimbatore, permitting the plaintiff in the suit, viz., the first respondent herein, to summon the revision petitioner/second defendant for letting in evidence on behalf of the first respondent/plaintiff, as the revision petitioner/second defendant refused to examine himself as a witness, the revision petitioner/second defendant has preferred the above revision.

(2.) The only contention of the learned counsel for the revision petitioner is that, if a party, who is in a position to give evidence, does not come into the witness box, it is open for the Court to draw an inference against him; but he cannot be compelled to give evidence, at the instance of the opposite party, requiring the unwilling party, to examine himself as a witness.

(3.) In this connection, I am obliged to refer Order XVI Rule 21, C.P.C., which reads as follows: Rules in case of parties appearing as witnesses.-- (1) When a party to a suit is required by any other party thereto to give evidence or to produce a document, the provisions as to witnesses shall apply to him so far as applicable. (2) When a party to a suit gives evidence on his own behalf the Court may, in its discretion, permit him to include as costs in the suit a sum of money equal to the amount payable for travelling and other expenses to other witnesses in the case of similar standing.