VIJAYA Vs. SARASWATHI

JUDGEMENT

(1.) THE present revision is directed against the order of the learned Subordinate Judge, Sankari, dated 09.03.2006 made in O.S.No.4 of 2005.

(2.) THE fourth defendant in the said suit in O.S.No.4 of 2005 is the petitioner herein. The plaintiff is the first respondent and defendants 1 to 3 and 5 to 11 are respondents 2 to 11 in this revision.

(3.) LEARNED counsel appearing for the petitioner contended that there is nothing wrong in cross examining P.W.1 on behalf of the fourth defendant, the petitioner herein. Mrs.Hema Sampath, learned Senior Counsel appearing for the first respondent / first plaintiff in O.S.No.4 of 2005, opposed the same on the ground that the fourth defendant, the petitioner herein is not an adverse party and the right for cross examination can be permitted only at the instance of the adverse party.