R.Somasundaram v. R.Easwari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2015

CORAM:

THE HON'BLE MS. JUSTICE R.MALA C.R.P.(PD).No.116 of 2011 and M.P.No.1 of 2011 R.Somasundaram S/o.Ramasamy Gounder ..5th Respondent/5th Defendant/Petitioner Vs.

1.R.Easwari .. Petitioner/Plaintiff/Respondent 2.Thindalmalai Primary Agri. Co.Op Bank Ltd., A.A.No.186, Sengodampalayam, Erode - 9.

Rep by its Secretary 3.S.Nirmaladevi 4.T.Loganayagi 5.P.Lakshmi 6.S.Rani 7.R.Raveendran 8.R.Thiyagarajan .. Respondents 1 to 4 & 6 to 8/ Defendants 1 to 4 & 6 to 8/ Respondents (Respondents 2 to 8 are given up in the Revision)

Prayer:

Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and final order dated 29.11.2010 made in I.A.No.914 of 2010 on the file of the 1st Additional District Munsif, Erode.

For Petitioner : Mr.A.K.Kumaraswamy For Respondents : Mr.V.Raghavachari

O R D E R

The petitioner has come up with the present Civil Revision Petition challenging the impugned order dated 29.11.2010 made in I.A.No.914 of 2010, wherein the application filed under Order 18 Rule 3-A CPC to permit the plaintiff to examine the 7th defendant, her husband as P.W.1 in the suit came to be allowed.

2. Today when the matter was taken up for hearing, the plaintiff appeared before the Court and filed an undertaking affidavit stating that she wanted to examined her husband as P.W.1. only on behalf of her and that she will not examine herself at a later stage of the suit.

3. Recording the said undertaking affidavit filed by the 1st respondent/plaintiff, the present Civil Revision Petition stands dismissed, since the plaintiff has sought to examine the witness viz., 7th defendant as P.W.1 only on her behalf, without examining herself before the Court. Consequently, connected miscellaneous petition is closed. No costs.

16.12.2015 pgp To The learned 1st Additional District Munsif, Erode.

R.MALA, J.

pgp C.R.P.(PD).No.116 of 2011 Dated : 16.12.2015