SHANMUGANATHAN Vs. VELLAISWAMY

JUDGEMENT

(1.) This revision petition is directed against the order of the District Munsif-cum-Judicial Magistrate, Keeranur, dated 15.11.1995 made in I.A. No. 462 of 1995 in O.S. No. 151 of 1995, ordering the said application filed by the respondent-plaintiff to recall P.W. 2 and permit the plaintiff to put questions in the nature of cross examination.

(2.) The suit was originally laid on the file on the Additional District Munsif's Court, Pudukottai and numbered as O.S. No. 148 of 1992 and later was transferred to the file of the District Munsif's Court, Keeranur, and renumbered as O.S. No. 151 of 1995. The respondent-plaintiff has examined one Arumugham as P.W. 2 in Chief on 4.1.1995. He was cross examined by the petitioner-defendant's counsel on 9.1.1995. According to the petitioner-defendant, through cross-examination his counsel was able to elicit some statements from P.W. 2 and the respondent-plaintiff without re-examining the witness filed I.A. No. 462 of 1995 seeking permission of the court to recall P.W. 2 and permit the plaintiff to put questions in the nature of cross examination. The said application was resisted by the petitioner-defendant stating that after the chief examination and cross examination, a petition to treat one's own witness as hostile is not permissible in law and that the respondent - plaintiff is not entitled to seek any remedy.

(3.) The learned District Munsif by his order dated 15.11.1995, for the reasons recorded in paragraphs 3 and 4 of his order, allowed the said application. Aggrieved by the said order, the present revision has been filed by the defendant.