SUBBAMMAL Vs. PARAMASIVAM ASARI

JUDGEMENT

(1.) Petitioner is the plaintiff in the suit. O.S.NO.457 of 1995 is filed by him for declaration and for permanent injunction restraining the second defendant from interfering with his possession of the suit properties.

(2.) At the stage of trial, after the examination of plaintiff's side was completed, the defendant wanted to examine himself. The defendant chose to file an affidavit under Order XVIII Rule 4 CPC(inserted by Act 22 of 2002 with effect from 1.7.2002),by virtue of which, the examination-in-chief of a witness shall be on affidavit .

(3.) The petitioner objecting to the said course filed a petition under Order XVIII Rule 5 CPC to delete the proof affidavit and to direct the chief examination of the defendant to be taken in the Court. The said application was dismissed by the learned District Munsif, Ambasamudram. . The present Revision is filed against the said order.