PANDIAMMAL AND OTHERS Vs. T. JEGATHEESAN

JUDGEMENT

(1.) The defendants in the suit in O.S. No. 282 of 2008 on the file of the District Munsif-cum-Judicial Magistrate, Vadipatti, are the Revision Petitioners in this Civil Revision Petition.

(2.) The brief facts that are necessary for the disposal of this Civil Revision Petition are as follows: 2. 1.The respondent/plaintiff filed a suit in O.S. No. 231 of 2007 on the file of the District Munsif, Vadipatti, for declaration of title and consequential permanent injunction restraining the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the suit property. After commencement of trial, the plaintiff's counsel filed a memo requesting the Court to direct the defendants to cross examine the witness in giving written questions in advance as the witness has defective hearing. This memo was seriously opposed by the defendants. The reason stated by the plaintiff for examining the witness by way giving questions in writing is that the witness PW.2 was unable to hear even with the help of hearing aid, since he has lost his hearing capacity totally. Accepting the reasons stated in the memo filed by the plaintiff's counsel, the defendants were directed to cross examine P.W.2 by giving written questions. The lower Court further directed the defendants to submit three set of questions in writing. The order passed by the learned District Munsif cum Judicial Magistrate, Vadipatti is the subject matter of the present revision petition.

(3.) The learned counsel appearing for the revision petitioners submitted that the order passed by the lower Court on the memo filed by the plaintiff's counsel is invalid and improper for the following among other reasons.