G. SARASWATHI Vs. V. VENKATAVARADHAN

JUDGEMENT

(1.) Challenging the order passed in the application in I.A.No.1575 of 2016 in O.S.No.9094 of 2010 on the file of VII Additional Judge, City Civil Court, Chennai, the plaintiffs have filed the above Civil Revision Petition.

(2.) The plaintiffs filed a suit in O.S.No.9094 of 2010 for Partition, Permanent Injunction and Mesne Profits. The defendant filed his written statement and is contesting the suit. When the suit was taken up for trial, after completion of the plaintiffs' side evidence, D.W.1 was examined and was cross-examined by the Power of Attorney Holder of the plaintiffs. When the suit was posted for further evidence on the side of the defendant, the defendant took out an application in I.A.No.1575 of 2016 to decide the preliminary objection, raised by the defendant, in permitting the Power of Attorney Holder of the plaintiffs to argue the case in the suit in O.S.No.9094 of 2010.

(3.) Admittedly, D.W.1 was cross examined by the Power of Attorney holder of the plaintiffs in full, which was also recorded by the trial Court in the Order, which is under challenge. However, the trial Court allowed the application in I.A.No.1575 of 2016, finding that the power of attorney holder of the plaintiffs is not entitled to address and cross examine the witness of the defendant and only the plaintiffs should argue the matter and cross examine the defendant's side witness in person or through an Advocate.