PERIYASAMY Vs. K.P. THANGARAJ

JUDGEMENT

(1.) HEARD both the sides. From the facts and figures as well as from the submissions made on both sides, it reveals that the trial in the original suit is pending. The plaintiff closed his side after adducing evidence. Now the chief examination affidavit has been filed. However, no list of witnesses filed on the defendant's side and in such circumstances, I.A., was filed under Order 18 Rule 17 praying the Court to mandate that the witnesses on the defendant's side are all to be produced on one and the same day for enabling the learned counsel for the plaintiff for cross-examining them. But the Lower Court simply dismissed it. Being aggrieved by and dissatisfied with the same, the present Civil Revision Petition has been focussed.

(2.) THE point for consideration is as to whether the Lower Court had committed illegality in dismissing such application?