LAWS(MAD)-2014-7-145

D. THOPPIAS Vs. SOOSAI MARY

Decided On July 03, 2014
D. Thoppias Appellant
V/S
Soosai Mary Respondents

JUDGEMENT

(1.) THE plaintiffs in O.S. No. 491 of 2007 on the file of II Assistant Judge, City Civil Court, Chennai, are before this Court challenging the dismissal of their application in I.A. No. 193 of 2014, seeking permission to examine the 5th plaintiff before the Trial Court, by order dated 17.03.2014.

(2.) THE petitioners filed the suit in O.S. No. 491 of 2007 for declaration of title and for permanent injunction against the respondents/defendants. The said suit is being contested by the respondents by filing written statement. The 1st petitioner, namely, D. Thoppias, was examined as P.W. 1. Subsequently, an independent witness was also examined as P.W. 2. Thereafter, the petitioners filed I.A. No. 193 of 2014 to grant them leave to examine the 5th plaintiff as a witness on their side. On contest, the said petition was dismissed. Challenging the same, the present revision is filed.

(3.) HEARD the learned counsel for the petitioners and perused the records.