S. CHOKKALINGAM Vs. PITTAMMAL, VIRUDHUNAGAR TALUK & DISTRICT

JUDGEMENT

(1.) The petitioner has preferred these Civil Revision Petitions against the order dated 15.02.2012 passed by the learned District Munsif, Virudhunagar in I.A. Nos. 82 and 83 of 2012 in O.S. No. 151 of 2008. The petitioner herein is the Plaintiff, who filed O.S. No. 151 of 2008 on the file of the District Munsif, Virudhunagar for cancellation of the Sale Deed dated 20.03.2007 as for the third item of the suit property and for permanent injunction.

(2.) Before the Trial Court, when the evidence was over and the arguments of the plaintiff was also heard and when the case was posted for hearing the arguments of the defendants, the respondents herein filed two applications in I.A. Nos. 82 and 83 of 2012 in O.S. No. 151 of 2008, one for re-opening the case for the purpose of producing additional documents and to examine the relevant witnesses and another one for recalling D.W.4.

(3.) In the Affidavit in I.A. No. 82 of 2012 in O.S. No. 151 of 2008, the first respondent herein has stated that in order to show that the suit third item is in possession of the fourth defendant, he has to be examined as a witness. In I.A. No. 450 of 2008 filed for interim injunction, the document filed on behalf of the defendants is the Settlement Deed dated 30.11.1948, however, the same was omitted to be marked before the Trial Court. Further, in Ex.A.1 - Will alleged to have been executed by the Plaintiff, one Sundaramurthy Reddiyar was the Attestor, who has to be examined on behalf of the defendants. Moreover, D.W.4 has to be examined with regard to Settlement deed dated 30.11.1948.