V.L. RAMANATHAN Vs. SALEM NAGARATHAR SANGAM

JUDGEMENT

(1.) The revision petitioner, who is the plaintiff in the original suit in O.S.No.816 of 2005 filed this revision petition against the order and decreetal order dated 03.08.2009 made in I.A.No.1083 of 2009, on the file of Principal District Munsif Court, Salem.

(2.) Heard the learned counsels appearing for the revision petitioner and the respondents 1, 3 and 4.

(3.) The revision petitioner filed the original suit for rendition of accounts and other reliefs. The defendants have filed the written statement and the issues have been framed by the trial court. Before the trial court, the revision petitioner has deposed as witness and on the side of the respondents/defendants also examined one witness and closed the defendants side evidence. After that the revision petitioner has filed an application in I.A.No.1083 of 2009 under Order 19 Rule 1, 2 and 151 of CPC to direct the 4th respondent/4th defendant to attend the Court for cross-examination by the revision petitioner's side. On perusal of the affidavit and counter, the trial court has held that the party cannot be compelled to give evidence at the instance of the other relied on the decision of this Court V.P.Subramaniam v. P.Saraswathi,2003 1 MadLJ 556 and also held that even if not examined, adverse inference can be drawn against him and therefore, dismissed the above said application. Aggrieved over the findings of the trial court, this revision petition has been filed.