LAWS(MAD)-2015-10-178

RAVICHANDRAN AND ORS. Vs. ARUMUGA KONDIAR AND ORS.

Decided On October 15, 2015
Ravichandran And Ors. Appellant
V/S
Arumuga Kondiar And Ors. Respondents

JUDGEMENT

(1.) The revision petitioners are the defendants 2 to 4 in O.S. No. 14 of 2013 on the file of District Court, Nagapattinam. The 1st defendant is the father of the plaintiff in the suit. The 1st defendant, who is the first 1st respondent herein filed interim applications in I.A. Nos. 85 and 86 of 2014 to examine him first and also through an Advocate Commissioner. Both the applications were allowed by the trial Court by an order dated 30.04.2015. These revision petitions are against the aforesaid orders.

(2.) Heard both sides.

(3.) Learned counsel for the petitioners vehemently contended that the 1st respondent, who is the father of the plaintiff, is in collusion with the plaintiff and therefore, the application of the 1st respondent, who is the 1st defendant to examine himself first would not have been allowed by the trial Court. On the other hand, the learned counsel appearing for the respondents has submitted that the trial Court allowed the applications, taking note of the fact that the 1st respondent is aged about 92 years and hence, he could not come over to the Court and to give evidence.