V. BABY Vs. SEKAR

JUDGEMENT

(1.) The petitioner is the plaintiff and the respondents are the defendants in O.S.No. 472 of 2014 pending on the file of the I Additional District Munsif, Puducherry.

(2.) The petitioner filed the said suit for permanent injunction restraining the defendants from disturbing his peaceful possession and enjoyment of the suit property. Pending suit, the plaintiff filed I.A.No. 175 of 2014 seeking for temporary injunction under Order 39 Rule 1 and 2 CPC. In the said application, the defendants filed another application in I.A.No. 219 of 2014 under Order 19 Rule 2 CPC to direct the plaintiff to attend the Court for cross-examination. It is their contention that the affidavit filed in support of the application seeking for interim injunction has to be construed as an affidavit filed under Order 19 Rule 2 CPC and therefore, the plaintiff should be directed to attend the Court for cross-examination.

(3.) The Trial Court allowed the said application by holding that unless the deponent of the affidavit is exempted from personal appearance in the Court, the Court can direct such person to attend the Court for cross-examination.