VEERAPPA GOUNDER Vs. SENNIAPPAN

JUDGEMENT

(1.) INVEIGHING the order dated 23.9.2008 passed in I.A.No.104 of 2008 in O.S.No.143 of 2006 by the Addl.District Court-cum-Fast Track Court No.I, Erode, this civil revision petition is focussed.

(2.) A 'resume' of facts absolutely necessary and germane for the disposal of this civil revision petition would run thus:

(3.) I would like to recollect and call up Order 18 Rule 3A of C.P.C. read with Section 135 of the Indian Evidence Act, which are self-explanatory. The sum and substance of all those provisions is to the effect that a litigant should not put the horse behind the cart or fill up the lacuna at a later stage of adducing evidence. Hence, ex facie and prima facie it is clear that the conduct of D3 in filing her chief examination affidavit, without seeking any permission under Order 18 Rule 3A, is illegal and erroneous.