SUBBARAYA GOUNDER Vs. PERIYAMMAL

JUDGEMENT

(1.) The Revision Petitioner is the husband of the Respondent herein. The Respondent herein/wife filed a suit for maintenance against her husband, the Petitioner herein in O.S.No.244 of 2014 on the file of the learned District Munsif Court, Karur. Pending suit, the Respondent herein took out an application to examine one Daivanai as DW4. It is alleged by the Petitioner herein that despite receipt of summon from the Court below the said Daivanai failed to appear before the Court below to adduce evidence. Hence the Revision Petitioner filed I.A.No.1353 of 2017 under Order 16, Rule 10 CPC to issue warrant to the said Daivanai for her non-appearance before the Court below after receipt of summon.

(2.) The said application was resisted by the Respondent herein by filing counter affidavit wherein it is stated that the above said I.A.No.1353 of 2017 was filed only to delay the disposal of the suit. Further, the Revision Petitioner has not obtained permission from the trial Court as Contemplated under Order 16, Rule 7(4) of CPC. It is further averred in the counter affidavit of the Respondent herein that the suit is filed for additional maintenance amount to her and therefore the present application is unnecessary. Considering the submission made on either side, the trial court dismissed the said application on 11.01.2018. Challenging the same, the petitioner is before this court.

(3.) I heard Mr.V.Perumal, learned counsel appearing for the petitioner and perused the entire materials available on record.