M.Amutha vs C.Kumaran
2024 Latest Caselaw 428 Mad

Madras High Court

M.Amutha vs C.Kumaran on 5 January, 2024

Author: V.Sivagnanam

Bench: V.Sivagnanam

                                                                                          CRP No.5022 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED: 05.01.2024

                                                             CORAM

                                   THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

                                                    CRP No.5022 of 2023 and
                                                     CMP No.29263 of 2023
                     M.Amutha                                                                ... Petitioner

                                                               Vs.

                     C.Kumaran
                     ...Respondent

                     PRAYER: Civil Revision Petition filed under Article 227 of the Constitution
                     of India to set aside the fair and decreetal order dated 15.09.2023 made in
                     I.A.No.3/2023 in O.S.No.331/2020 on the file of the Principal District
                     Munsif, Erode.
                                  For Petitioner            : Mr.M.Guruprasad
                                                            ORDER

This Civil Revision Petition has been filed to set aside the the fair and

decreetal order dated 15.09.2023 made in I.A.No.3/2023 in

O.S.No.331/2020 on the file of the Principal District Munsif, Erode.

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2. The petitioner herein is the plaintiff in O.S.No.3/2023, who filed

the suit for permanent injunction and mandatory injunction, with regard to

the B schedule of the suit property, against the respondent herein/defendant.

Pending suit, the wife of the respondent had filed I.A.3/2023 before the Trial

Court seeking permission to depose evidence and mark documents on behalf

of her husband. The above petition was allowed and assailing that order, the

present civil revision petition has been filed.

3. The learned counsel for the petitioner submitted that, in the above

said suit, the respondent/defendant had entered appearance and he had filed

written statement also. However, during Trial, while the case was posted for

defendant side evidence, the wife of the respondent, namely, Lalitha had

filed an application seeking permission to depose evidence on behalf of the

respondent. The wife of the respondent is not a competent person to depose

evidence on behalf of her husband. However, the Trial Court without

considering the contentions raised by the petitioner, has allowed the

application. Hence, the order passed by the Trial Court is liable to be set

aside.

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4. Heard the learned counsel for the petitioner and I have perused the

materials on record.

5. The facts reveals that the petitioner had filed the above said suit

and pending suit, the wife of the respondent/defendant had filed

I.A.No.3/2023 seeking permission to give evidence and mark documents on

behalf of her husband, which was came to be allowed. The Trial Court by

considering Section 120 of the Indian Evidence Act, observed that the wife

of a party to the suit is a competent person to give evidence. Further, by

relying upon the judgment of the Karnataka High Court in Shahikala and

others Vs. Laxman Yadu Kadam and others in Regular Second Appeal

No.1832/2005, dated 16.06.2023, the Trial Court has decided that the

spouse of the defendant can depose evidence and there is no legal bar to give

such evidence. Mere examining the wife of the defendant will not affect the

case and the petitioner has got every chances to cross examine her. In such

circumstances, I find no reason to interfere with the order passed by the

Trial Court and hence the civil revision petition is liable to be dismissed as it

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has no merits.

6. In fine, this Civil Revision Petition is dismissed and the impugned

order passed by the Trial Court in I.A.No.3/2023 in O.S.No.331/2020, dated

15.09.2023 is upheld. Consequently, connected miscellaneous petition is

closed. No costs.

05.01.2024

Index: Yes/No Internet: Yes/No mst

To

1. The Principal District Munsif, Erode.

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V.SIVAGNANAM, J.,

mst

05.01.2024

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