THE HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.3659 of 2011 ORDER: This Civil Revision Petition is filed under Article 227 of the Constitution of India to revise the order dated 06.07.2011 passed by the V Additional Senior Civil Judge (FTC), Vijayawada in dismissing I.A.No.66 of 2011 in O.S.No.1239 of 2004 filed for rejection of the chief affidavit filed by the husband of defendant No.11. In the suit filed by the petitioner/plaintiff for partition and separate possession of the suit schedule property, the husband of defendant No.11 filed an affidavit in lieu of examination-in-chief on behalf of defendant No.11. The petitioner filed the above Interlocutory Application for rejection of the said chief affidavit stating that the husband of defendant No.11 cannot give evidence on behalf of defendant No.11 without being a party to the suit. In the counter affidavit filed by the respondents/defendants it is stated that defendant No.11 got filed the affidavit of her husband as D.W.7 in the suit and that D.W.7 had categorically stated that he had purchased the property in the name of defendant No.11, who is none other than his wife. In view of the same, and since Section 120 of the Indian Evidence Act, 1872 provides a privilege to the husband or wife to be a competent witness in any civil proceedings, the Court below rightly dismissed the Interlocutory Application. Hence, no infirmity is discernable in the impugned order warranting interference by this Court. The Civil Revision Petition is accordingly dismissed. There shall be no order as to costs. __________________ A. GOPAL REDDY, J Date: 09.09.2011 va