Mr.Nithin Gerald Sequeira v. Mr.Edward Peter Tauro
Case brief
What is this about?
Writ petition certiorari Article 226 Article 227 Constitution; recall of witness P.W.1; re-opening plaintiff's case; re-call of stage; Order XIV Rule 5 CPC; Order XVIII Rule 17 CPC; Section 151 CPC; denial of opportunity to cross-examine; cross-examination taken as NIL; ejectment suit; tenants holding over; protraction and frequent adjournments; exemplary cost for unnecessary adjournments; Rs.2,500 cost condition precedent; O.S. No.1086/2023 III Additional Civil Judge and JMFC Mangaluru; defendants' duty to cross-examine after written statement; expeditious disposal; no opinion on merits.
What did the court decide?
Impugned Trial Court orders on I.A.Nos.4, 5, 6 and 7 in O.S.No.1086/2023 set aside; defendant Nos.1, 2 and 3 to be permitted to cross-examine P.W.1, lead their evidence and subject themselves to cross-examination expeditiously; Trial Court at liberty to impose exemplary costs for unnecessary adjournments; defendants to pay Rs.2,500/- cost to respondent/plaintiff as condition precedent; expeditious disposal directed; no opinion expressed on merits.