Defendant Nos.5 to 7 including respondent Nos.1 and 2 herein filed written statement on 19.2.1998.
The trial Court partly allowed the application of respondent Nos.1 and 2 and granted leave to them to file the list of witnesses but rejected their prayer for permission to cite Shri N. Ravindranath Kamath as witness No.1.
Without assigning any reasons and without seeking permission to cite the advocate for the Plaintiff as a witness in the witness list, application to that extent is number tenable and same is liable to be dismissed to that extent.
Respondent Nos.1 and 2 filed additional written statement on 9.8.2002.
After two years and seven months, they filed an application dated 11.3.2005 under Order XVI Rule 1 1 and 2 read with Section 151 C.P.C. supported by an affidavit of respondent No.1 for permission to file the list of witnesses, which included the name of Shri N. Ravindranath Kamath, Advocate, who was representing the appellants in the suit from the very beginning.
Appellant Nos.1 to 3 and one Parvathy filed suit, which came to be registered as O.S. No.75 of 1996, for partition and separate possession of 1/6th share each in the suit property and also for grant of a declaration that sale deed dated 10.7.1997 executed by defendant Nos.2 to 4, who were, later on, transposed as plaintiff Nos.5 to 7 appellant Nos.4 to 6 herein , was number binding on them.
Leave granted.
The reasons assigned by the trial Court for partially declining the prayer of respondent Nos.1 and 2 are extracted below While citing advocate of the opposite party as a witness, the defendants 3 and 4 ought to have given reason for what purpose they are citing him as a witness and examining him in their favour.
But herein this case, the defendant number2 and 3 are number seeking permission to cite the advocate for the plaintiff as a witness.
The respondents challenged the order of the trial Court by filing a petition under Articles 226 and 227 of the Constitution insofar as their prayer for citing Shri N. Ravindranath Kamath as a witness was rejected.
