V. JANAKIAMMAL Vs. GANESA UDAIYAR

JUDGEMENT

(1.) The Civil Revision Petition is filed challenging the order passed by the trial Court dismissing the petition filed by the petitioners/plaintiffs seeking to call Revenue Divisional Officer, Tirupathur, as a Court witness to enable the petitioners to cross examine them with regard to some of the documents filed by the petitioners as exhibits. The petitioners herein filed a suit against the respondents for declaration that the order passed by 8 th respondent herein granting patta No.93 in favour of respondents 3 to 5 as null and void and for other incidental reliefs. The witness sought to be summoned by the petitioners for cross examination is the 7 th defendant in the suit. The petitioners/plaintiffs already marked certain documents relating to the proceedings of the 7 th respondent as Exs.A6, A7, A9, A10, A12, A18 to A23. In order to the cross examine the 7 th respondent with regard to the documents marked by the petitioners on their behalf, the instant application has been filed seeking to issue witness summon to the 7 th respondent for examining him as a Court witness.

(2.) The instant application has been filed by the petitioners under Order XVI Rule 1(2) of CPC. Under the said rule, the petitioners can issue witness summon to a person whom they want to examine as their witness. In the case on hand, as per the prayer found in the petition, petitioners want to examine the 7 th respondent as a Court witness to enable them to cross examine. Therefore, the provision of law under which the petitioners have filed this petition is not correct. Anyhow, mentioning wrong provision is not a ground to reject prayer.

(3.) The learned counsel appearing for the petitioners submitted that the petition can be treated as the one filed under Order XVI Rule 14 of CPC and an opportunity may be given by the petitioners to cross examine the 7 th respondent by examining him as a Court witness. In support of his contention, the learned counsel for the petitioners relied on the following judgments: