T.C. THANGAMANI Vs. G. GOWRI

JUDGEMENT

(1.) This revision has been filed against the fair and decreetal order dated 04.10.2019 passed in I.A. No. 5 of 2019 in O.S. No. 155 of 2010 on the file of Subordinate Court, Perundurai.

(2.) Before the Court below, the respondents were the defendants, who filed the said application in I.A. No. 5 of 2019 seeking permission from the Court to appoint Advocate Commissioner to record the evidence of one Dr. Zakir Ahmed Shakir on behalf of the defendants and accordingly, the said application was filed under Order 26 Rule 4(1) read with Section 151 of C.P.C., and the said application, has been allowed and the advocate commissioner was also appointed. Aggrieved over the same, the present revision has been filed by the plaintiff / revision petitioner.

(3.) Heard Mr. S. Kaithamalai Kumaran, learned counsel appearing for the petitioner, who would submit that, the impugned order was passed on 04.10.2019 and the certified copy of the order was made available on 18.10.2019 and though the revision petitioner decided to prefer this revision, he sought for stay of the proceedings till the outcome of the C.R.P., is known, the said plea has not been considered and the suit has been proceeded for trial and the advocate commissioner has also visited the witness and recorded the evidence, without giving an opportunity to the revision petitioner / plaintiff. Therefore, the cross examination of the said witness by the revision petitioner / plaintiff is also defeated.