A. PAULIN ALFY Vs. REV. R. JOSEPH LAZARUS

JUDGEMENT

(1.) THE defendant is before this Court challenging the order dated 10.12.2013 passed in I.A. No. 1615 of 2013 in O.S. No. 633 of 2008 on the file of the learned Principal District Munsif, Alandur, allowing the said application filed by the respondent/plaintiff to re -open the suit for the examination of some more witnesses.

(2.) THE respondent herein, as the plaintiff, filed the suit in O.S. No. 633 of 2008 for permanent injunction restraining the petitioner/defendant from interfering with his possession and enjoyment of the suit property, except by due process of law. After examination of witnesses and closing of evidence, when the matter was posted for arguments, the respondent/plaintiff filed I.A. No. 1615 of 2013 to re -open the suit for the purpose of examining the petitioner's mother and to summon the Assistant Engineer, Tamil Nadu Electricity Board, Medavakkam. The said application was allowed by the impugned order. Hence, the present revision.

(3.) IN paragraph No. 3 of the plaint, the respondent has specifically stated that he obtained service connection to the suit property, which is a Prayer Hall, by spending his money to the tune of Rs. 5,25,000/ - and that it is a commercial connection. When it has been specifically pleaded in the plaint itself by the respondent, it will be helpful to him if evidence is adduced in proof of the allegation made in the plaint. Further, whether the service connection effected is for commercial purpose or domestic purpose, would be known and who paid the amount would also be known if the Engineer is examined.