(1.) Can a Court refuse to record the evidence of a witness who is not willing to make an oath in the name of the God, but is ready and willing to make an affirmation?This is the question that arises for consideration in this Civil Revision Petition.
(2.) The relevant facts, which are simple, are the following :-The petitioner herein is the plaintiff in O.S. No. 16 of 1989 on the file of the Senior Civil Judge's Court Kavali, which was instituted for declaration of her title to the plaint schedule property and permanent injunction restraining the respondent defendants from interfering with her peaceful possession and enjoyment of the same.
(3.) In the said suit, the petitioner-plaintiff got herself examined as P.W. 1 and she wanted to examine the scribe of Ex. A.1-Will, Sri Venkata Subbaiah, as P.W. 2. When the said Sri Venkata Subbaiah refused to make an oath in the name of the God, the learned Senior Civil Judge did not permit him to give evidence and passed the impugned order dated 11-6-1998, which can be usefully extracted hereunder :-"P.W. 1 recalled and cross-examined. Advocate for plaintiff requested to examine the scribe of Ex. A. 1 by name Venkata Subbaiah as a witness on behalf of plaintiff. The said Venkata Subbaiah on entering into witness box refused to take oath in the name of God and he expressed his readiness to give evidence according to his conscious. As the witness refused to take oath, he is not permitted to give evidence and the Court refused to record his evidence. For further evidence, if any, adjourned to 18-6-98".It is this order that is assailed in this Revision Petition.