SYAMALAMMA Y Vs. KAMALAMMA

JUDGEMENT

(1.) In this revision, refusal of the lower Court to permit the petitioner-plaintiff to cross-examine her own witness P.W.3 under Section 154 of the Indian Evidence Act is the controversy which has fallen for consideration before this Court.

(2.) Petitioner instituted a suit in O.S.No. 98 of 1988 for permanent injunction against the respondent basing on a registered sale deed dated 27-5-1988 stated to have been executed by one Venkatachalapathi. Issues were also framed in the said suit on 5-7-1989. The defendant in the said suit has also filed a separate suit O.S.NO. 117 of 1988, against the said Venkatachalapathi and the petitioner herein who have figured as defendants 1 and 2 respectively, for specific performance basing on the suit agreement dated 22-3-1981 executed by said Venkatachalapathi in favour of the plaintiff in O.S.No. 117 of 1988.

(3.) Since the subject matter of suit property in both suits is one and the same, a joint memo was filed for trial of these two suits jointly which was ordered by the lower Court. Trial was commenced and the evidence was being recorded in O.S.No. 98 of 1988.