K PERIYAMMAL Vs. KARUPPANNA GOUNDER

JUDGEMENT

(1.) This revision petition has been filed against the order and decreetal order dated 08.08.2017 made in I.A.No.552 of 2017 in O.S.No.1 of 2010 on the file of Principal Sub Court, Karur.

(2.) The revision petitioner is the plaintiff and the respondents 1 to 5 are defendants 2 to 6. The plaintiff filed the suit for partition, separate possession and to set aside the sale deed dated 28.02007. The defendants 2 and 7 filed their respective written statements. The witnesses were examined on either side. While so, the plaintiff filed I.A.No.552 of 2017 to reject the chief proof affidavit filed by the 3rd respondent/3rd defendant on the side of the 2nd defendant, stating that although the 3rd defendant remained ex parte, she was summoned on the side of the 2nd defendant and instead of examining her as a summoned witness, she was examined in chief on the side of the 2nd defendant by submitting the written chief affidavit. Therefore, it was contended that since the present suit is already against the 3rd respondent, she is not legally entitled to get into the witness box and give evidence in favour of the 2nd defendant.

(3.) The Trial Court dismissed the application seeking to reject the chief proof affidavit filed by the 3rd respondent/3rd defendant holding that the application has been filed only to drag on the proceedings. Aggrieved by the said order, this revision petition has been filed.