SUBRAMANIAN Vs. POTTI REDDIAR

JUDGEMENT

(1.) This Civil Revision Petition has been filed challenging the order of the trial Court made in I.A.No.517 of 2013, dated 5.10.2013.

(2.) The suit in O.S.No.4 of 2009 was filed by the first respondent herein seeking declaration of title and for injunction regarding the right over the property. The suit was being resisted by the defendants contending that the subject-matter of the suit is already covered by the decision of the Court made in A.S.No.9 of 2004. Pending the suit, the second defendant was examined as D.W.1. He was also cross-examined on 10.7.2013. Defendants 2 and 3 filed I.A.No.517 of 2011 on 14.8.2013 seeking to recall D.W.1 for the purpose of marking certain documents. The said application was dismissed on the ground that the nature of the document has not been disclosed. The learned Trial Judge accepting the claim in the counter, dismissed the said application on the ground that the nature of the document sought to be marked was not disclosed. Aggrieved by the same, the defendants 2 and 3 have come up with this Civil Revision Petition.

(3.) I have heard Mr.R.Sundar, learned counsel for the Petitioner, Mr.K.Prabhakar, learned counsel for the first respondent and Mr.N.Shanmugaselvam, learned Additional Government Pleader appearing for the respondents 3 to 6.