LAWS(MAD)-2009-7-311

K PONNAMMAL Vs. A LOGANATHAN

Decided On July 23, 2009
K.PONNAMMAL Appellant
V/S
A.LOGANATHAN Respondents

JUDGEMENT

(1.) THE respondents in I.A.No.200 of 2007 in O.S.No.46 of 2006 on the file of the Sub Court, Udumalpet are the revision petitioners.

(2.) THE suit in O.S.No.46 of 2006 was preferred by the respondent against the revision petitioners praying for a decree of specific performance on the basis of a sale agreement entered into between the parties on 28.12.2005. THE said suit was contested by the revision petitioners by filing written statement.

(3.) THE said application was resisted by the revision petitioners by filing counter. It was their contention that they never approached the counsel by name A.R.Hari Prasad for filing the civil suit on their behalf to declare them as the legal heirs of their deceased father. THEy have also contended that even if they have approached the said advocate, the respondent cannot call their counsel as a witness against them to speak about the alleged communication without their consent. Accordingly they prayed for dismissal of the application.