Shivalingaiah v. Smt. Saraswathamma
Case brief
What is this about?
Recall of witnesses for further cross-examination; Order XVIII Rule 17 CPC with Section 151 CPC; re-opening of cross-examination after amendment of written statement; earlier recall on I.A.Nos.10 and 11 (order dated 28.03.2019) and cross-examination on 17.10.2019; amendment of written statement permitted on I.A.No.14 (order dated 03.11.2022); partition and separate possession suit O.S.No.299/2016, Maddur, Mandya District; writ petition under Articles 226 and 227 Constitution of India; Karnataka High Court; WP No. 8056 of 2024 (GM-CPC); Justice S Vishwajith Shetty; writ allowed with cost of Rs.5,000/-; impugned order dated 26.02.2024 set aside; no adjournment condition; ends of justice; costs as compensation for hardship.
What did the court decide?
Prayer in I.A.No.17 granted: order dated 26.02.2024 of I Additional Civil Judge and JMFC, Maddur set aside; petitioner permitted to further cross-examine PW.2 and PW.3 when kept present before the Trial Court, subject to payment of Rs.5,000/- cost to the plaintiff before the Trial Court and no adjournment being sought on that date; I.A.No.1/2025 does not survive for consideration.