G K RAO Vs. A HENRY

JUDGEMENT

(1.) The above revision is filed by the defendant petitioner herein questioning the correctness and legality of the order of the XVI Judge, City Civil Court, Madras in I. A. No. 794 of 1986 in O. S. No. 8043 of 1983.

(2.) For the disposal of this civil revision petition, certain facts are necessary. The respondent herein filed the suit O. S. No. 8043 of 1983 before the City Civil Court, Madras seeking ejectment of the petitioner herein and also for damages. Written statement was filed and the suit was ripe for trial. At a time when evidence has to be adduced on behalf of the plaintiff/respondent herein, the plaintiff fell ill. This has resulted in examining the respondent's son-in-law as P.W. 1. Thereafter, the plaintiff filed I. A.No. 794 of 1986 in O. S.No. 8043 to examine himself as P.W. 2. In para 3 of his affidavit, the plaintiff/respondent herein states as follows :-

(3.) It is admitted by the learned counsel for the defendant/petitioner herein, that no counter has been filed by the defendant to I. A. No. 794 of 1986, on the other hand, an endorsement has been effected by the learned counsel for the petitioner herein to the effect, that this petition is opposed. There was another petition filed by the plaintiff to recall P.W. 1 to which we are not now concerned. In so far as this petition, where the plaintiff sought to examine himself as P.W. 2, arguments were advanced before the trial court by the defendant's counsel that the plaintiff having examined his son-in-law as P.W. 1 cannot now examine himself as P.W. 2 in view of the provisions of O.18 R. 3-A.C.P.C. The learned Judge, on the facts of this case, allowed the application filed by the plaintiff/respondent herein, against which the above civil revision petition is filed.