S. THIAGARAJAN Vs. TAMILSELVI AND ORS.

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 09.04.2013 in I.A. No. 204 of 2013 in O.S. No. 235 of 2009, whereby and whereunder, the learned Principal Subordinate Judge, Karur was pleased to dismiss the application filed by the petitioner for the purpose of re -opening the case on the side of the defendant and to examine the attesting witnesses to the document in Ex.B1.

(2.) THE respondents filed a suit for partition in O.S. No. 235 of 2009 before the Principal Subordinate Judge Karur. The petitioner was arrayed as first defendant in the said suit. The petitioner placed reliance on a settlement deed stated to have been executed by Thiru.Saminathan, who is none other than his father. The execution of the said document was disputed by the respondents.

(3.) THE petitioner was examined as D.W.1. The petitioner marked the settlement deed in Ex.B1. Thereafter, the petitioner filed an application to re -open the matter for the purpose of examination of D.W.2. The said application was allowed. The petitioner examined D.W.2, who is stated to be the scribe of the document in Ex.B1. The matter was thereafter posted for arguments.