NASEEM NOORULLAH Vs. ABDUL SALAM

JUDGEMENT

(1.) This revision petition is filed against the order dated 10-9-1999 in IA No. 870 of 1999 in OS No. 885 of 1995 on the file of the III Additional Junior Civil Judge, Visakhapatnam.

(2.) The plaintiff is the revision petitioner. She filed the petition in IA No,870 of 1999 under Section 151 CPC requesting the trial Court to permit her husband to adduce evidence in the suit on her behalf in the interest of justice, equity and good conscience. The said petition was opposed by the respondent-defendant. The trial Court dismissed the said application by order-dated 10-9-1999. Aggrieved by that order, this revision petition is filed.

(3.) As per Section 120 of the Indian Evidence Act, 1872, in all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses. In the present case, the plaintiff wants to examine her husband as a witness on her behalf. He is a GPA holder of the plaintiff. Even if he is not a GPA holder of the plaintiff, he is a competent witness to give evidence on behalf of the plaintiff.