CH SEETHAMMA Vs. K MALAKONDA REDDY

JUDGEMENT

(1.) This civil revision petition is directed against the order passed by the Principal Munsif Magistrate, Narasaraopet in I.A.No. 591 of 1991 in O.S.No.173 of 1988 scoring out the evidence of D.W.I under Order 18 Rule 3-A of the Code of Civil Procedure (for short "the Code").

(2.) The suit, O.S.No.173 of 1988, was instituted for recovery of possession in respect of the plaint schedule land. The petitioners herein are the defendants in the suit, O.S.No. 141 of 1988, was instituted by the present petitioners in respect of the same land seeking permanent injunction against the respondents- plaintiffs in O.S.No.173 of 1988. After the evidence of plaintiffs' witnesses was over in O.S.No.173 of 1988, the third defendant came forward to give evidence as D.W.I without obtaining the permission of the Court. Before his evidence could be completed, an interlocutory application, I.A. No. 591 of 1991, was filed on behalf of the plaintiffs to exclude his evidence from consideration on the ground that when defendants 1 and 2 also are going to give evidence after the third defendant the required permission under Order 18 Rule 3-A of the Code ought to have been obtained. Sustaining that objection, the learned Principal Munsif Magistrate allowed the said l.A. Aggrieved by that, the present civil revision petition was filed.

(3.) Order 18 Rule 3-A of the Code is in the following terms: