Mrs.Latha v. Ramesh Alias Pushparaj (Deceased) 1.Valli Ramesh And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025 CORAM :

THE HONOURABLE MR.JUSTICE C.SARAVANAN Application No.1596 of 2025 in T.O.S.No.11 of 2017 and TR.CS.No.87 of 2018 Latha, W/o.Bhaktavatchalam ... Applicant/Defendant Vs.

Ramesh @ Pushparaj (now deceased) 1.Valli Ramesh 2.Renuka Parameswari 3.Pavithra Legal Heirs of deceased R.Ramesh ... Respondents/Plaintiffs 2 to 4 Prayer: Application filed under Order XIV Rule 8 of the Original Side Rules read with Section 151 of the Code of Civil Procedure, 1908, to permit the Applicant / Defendant to examine her husband namely Bhaktavatchalam, to appear and give evidence on behalf of the Applicant / Defendant as the 1st witness for the Defendant in T.O.S.No.11 of 2017 (O.P.No.393 of 2017), pending on the file of this Court. 1/4

For Applicant : Mr.R.Krishnasamy For Respondents : Mr.N.Jayabalan

ORDER

This application has been filed to permit the Applicant / Defendant to examine her husband namely Bhaktavatchalam, to appear and give evidence on behalf of the Applicant / Defendant as the 1st witness for the Defendant in T.O.S.No.11 of 2017 (O.P.No.393 of 2017).

2. Learned counsel for the Respondents / Plaintiffs 2 to 4 submits that an application for permitting the husband to be examined on behalf of his wife is unnecessary and it is the rights of the parties vested under Section 120 of the Indian Evidence Act, 1872 (Section 126 of the Bharatiya Sakshya Adhiniyam, 2023).

3. Since there appears to be no impediment for allowing the Applicant / Defendant's husband to enter into the witness box on behalf of the Applicant / Defendant, this Application is closed recording the submission made on behalf of the Respondents / Plaintiffs 2 to 4. The Applicant / Defendant's husband namely Bhaktavatchalam is permitted to 2/4

give evidence on behalf of the Applicant / Defendant as the 1st witness in T.O.S.No.11 of 2017 (O.P.No.393 of 2017).

23.04.2025 (1⁄2) arb C.SARAVANAN, J.

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arb Application No.1596 of 2025 in T.O.S.No.11 of 2017 and TR.CS.No.87 of 2018 23.04.2025 (1⁄2) 4/4