G GAYATHRI Vs. M BHAGYALAKSHMI

JUDGEMENT

(1.) THIS CRP is directed against the order dated 31. 1. 2008, passed by the principal Senior Civil Judge, Ananthapur, dismissing the application in I. A. No. 525 of 2007 in O. S. No. 9 of 1999, filed by the petitioners, and refusing to permit the 2nd petitioner to give evidence on behalf of the 1st petitioner.

(2.) THE learned Counsel for the petitioners submitted that since the 2nd petitioner is conversant with the facts of the case, the Court below ought to have allowed the application filed by the petitioners and permitted the 2nd petitioner to give evidence on behalf of the 1st petitioner, and therefore, the order passed by the Court below, refusing to permit the 2nd petitioner to give evidence on behalf of the 1st petitioner, has to be set aside. In support of this argument, he placed reliance on the judgment of this Court in Jaldu Visveswara rao and others v. Mandala Dhana lakshmi, 2007 (1) ALD 80.

(3.) HAVING heard the learned Counsel for the petitioners and having perused the order under revision, the only question that arises for consideration in this CRP is whether the 1st petitioner, who is the plaintiff, can be permitted to examine on her behalf, her husband, who is the 2nd plaintiff in the suit.