K SUBRAMANIAM Vs. S BALASHANMUGAM

JUDGEMENT

(1.) THE revision petitioner is the defendant in O.S.No.8 of 1998 on the file of the II Additional Sub Court, Coimbatore. THE revision is filed against the dismissal of the petition in I.A.No.295 of 2003 filed under Order 18, Rule 17, C.P.C. in I.A.No.1516 of 1999 in the above suit.

(2.) THE petition I.A.No.295 of 2003 was filed to recall the defendant examined as R.W.1 in I.A.No.1516 of 1999 for further examination.

(3.) THE learned counsel for the revision petitioner/defendant contended that in respect of the enquiry in I.A.No.295 of 2003, he was examined as R.W.1 and besides R.W.2 and one more witness is to be examined as R.W.3 and as such, the evidence on the side of the revision petitioner/defendant is not over and he filed the petition I.A.No.295 of 2003 to recall him for the purpose of marking the following documents, viz., ( 1 ) certified copy of judgment dated 29.11.1958 in O.S.No.33 of 1957 on the file of the Sub Court, Coimbatore; ( 2 ) certified copy of decree dated 29.11.1958 in O.S.No.33 of 1957 on the file of the Sub Court, Coimbatore; ( 3 ) certified copy of judgment in O.S.No.95 of 1957 on the file of the Sub Court, Coimbatore; ( 4 ) certified copy of the fair order in O.P.No.416 of 1993 on the file of the Sub Court, Coimbatore; and ( 5 ) certified copy of Suit register extract in O.S.No.50 of 1995 on the file of the District Munsif Court, Coimbatore. According to the learned counsel for the revision petitioner/defendant, the above said documents being the public documents and being judgments, decrees, fair order, and suit register extract in the prior litigation between the parties and being secondary evidence, are admissible and therefore, opportunity is to be given to the defendant to recall him and mark the said documents in I.A.No.1516 of 1999, which has been filed by the respondent herein, the legal heir of Swami Subramania Chetty, who filed the suit O.S.No.8 of 1998.