In a civil revision petition under Article 227 of the Constitution, the Madras High Court set aside the subordinate judge's order dismissing an application to recall a witness for cross-examination, directing the lower court to fix a date for such examination.
Impugned order in I.A. No.931/2017 set aside; direction to fix date for cross-examination of PW1.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :27.02.2018
CORAM
THE HONOURABLE MR.JUSTICE D. KRISHNA KUMAR
CRP(PD)No.4806 of 2017
and
CMP.No.22639 of 2017
1.S.N.Paramasivam
2.P.Saravanan
3.Pavayee ... Petitioners
Vs .
1.R. Chandra
2.R. Gopalakrishnan ... Respondents
Prayer : The Civil Revision Petition is filed under Article 227 of the Constitution of IndiaS to set aside the fair and decreetal order dated 28.11.2017 made in I.A.No.931/2017 in O.S.No.92/2011 on the file of the Subordinate Judge, Tiruchengode.
For Petitioners : Mr.M/s.R.Marudhachalamurthy
For Respondents : Mr.T.L.Thirumalaiswamy
O R D E R
This Civil Revision Petition has been filed to set aside the fair and
decreetal order dated 28.11.2017 made in I.A.No.931/2017 in O.S.No.92/2011 on the file of the Subordinate Judge, Tiruchengode.
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pleadings in the suit. He further submitted that the petitioners shall not seek adjournment to protract the proceedings in the suit and shall also cooperate for disposal of the trial court in the aforesaid suit.
an opportunity shall be granted to the petitioners to cross examine PW2 on the basis of the pleadings in the suit. Therefore, this court has no hesitation to set aside the order passed by the court below. Hence, the order of the
court below is liable to be set aside.
Revision Petition stands allowed with a direction to the court below to fix a date for cross examination of PW1 and thereafter to proceed the suit in accordance with law. No costs. Consequently, connected miscellaneous petition, is closed.
27.02.2018
gv
Index:Yes/No
Speaking order/Non-speaking order
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D.KRISHNA KUMAR., J.
gv
To
The Subordinate Judge,
Tiruchengode.
CRP(PD)No.4806 of 2017
and
CMP.No.22639 of 2017
27.02.2018
1 issue framed by the court
Whether the impugned order dismissing the application to recall a witness for cross-examination is liable to be set aside.
1 provisions across 1 enactments
S.N. Paramasivam and others
R. Chandra and another
D. KRISHNA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
