D PATTABHI RAMAIAH Vs. D LAKSHMI PRASANNA

JUDGEMENT

(1.) R.P. No.642 of 1994: The present Civil Revision Petition arises out of an order passed in LA. No. 190 of 1994 in Original Suit No. 16 of 1989 on the file of the Subordinate Judge, Ramachandrapuram, dated 10-2-1994.

(2.) The respondents in the revision petition filed a suit against the petitioner herein in Original Suit No. 16 of 1989 for declaration of their title and for possession and other reliefs in respect of the suit schedule properties presumably on the basis of a Will (the facts are not very clear from the record). Trial of the suit commenced. Some witnesses on behalf of the plaintiffs were examined. The second plaintiff filed a petition in I.A.No. 190 of 1994 under Order 18 Rule 3-A read with Section 151 of the Code of Civil Procedure praying that she may be permitted to examine herself as a witness. The said application was opposed by the petitioner herein. However, the learned Subordinate Judge by his order dated 10-2-1994 allowed the said I.A. Questioning the said order, the present Civil Revision Petition came to be filed. While the matter was being heard by a learned Single Judge of this Court it appears that it was reported to the learned Single Judge that another Civil Revision Petition No. 825 of 1994 involving similar question had been referred to a Division Bench. Therefore, the learned single Judge referred the matter to Division Bench.

(3.) When we actually examined C.R.P.No. 825 of 1994 we found that it was decided on a limited issue holding that the affidavit filed in support of the Order 18 Rule 3-A of the Code of Civil Procedure application did not disclose sufficient reasons to enable the Court to record its satisfaction to permit the petition to be ordered. In view of the fact that the matter raises a question of law and having regard to the fact that the question involved in this matter is likely to be raised all over the State frequently, notwithstanding the fact that there was no proper reference order we decided to proceed with hearing of these two matters.