This is a Civil Revision Petition challenging an order dismissing an application to reopen a suit which had been closed due to the plaintiff's default and failure to appear for cross-examination after multiple adjournments. The High Court held there was no merit in reopening the case without stated reasons and dismissed the petition.
No costs.
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 : 11.02.2019
Coram
The Honourable Ms. Justice P.T.ASHA
C.R.P.(PD).No.450 of 2019
1.S.Ravichandran
2.R.Vijayakakshmi ... Petitioners
Versus
Mannaidevan ... Respondent
PRAYER: This Civil Revision Petition is filed under Article 227 of the
Constitution of India, against the fair and decreetal order dated
26.11.2018 passed in I.A.No.267 of 2018 in O.S.No.99 of 2011 on the
file of the District Munsif cum Magistrate, Nidamangalam.
For Petitioner : M/s.A.B.Reehana Begam
ORDER
The above Civil Revision Petition is filed challenging the order of
the learned District Munsif cum Magistrate, Nidamangalam passed in I.A.No.267 of 2018 in O.S.No.99 of 2011, in and by which the learned District Judge has dismissed the application filed by the plaintiff to reopen the case.
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3.On 18.06.2018, the first plaintiff had examined himself as PW1 and marked Ex.A1 to A10. Thereafter, the matter was adjourned on nine occasions for P.W.1's cross-examination and the plaintiff did not appear. Finally, on 13.08.2018, cross examination of the plaintiff was concluded and the matter was posted for evidence on the side of the defendant. The defendant had examined himself as D.W.1 in chief and marked Ex.B1 and B2. The cross-examination was adjourned on five occasions and on 24.09.2018, a part of cross-examination was done
and on 22.10.2018 he was cross examined in full.
4.On 25.10.2018 the defendants had reported that they have no
further evidence and the matter was adjourned on two occasions for the arguments i.e., on 1.11.2018 and 08.11.2018 at this stage, the
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present application has been filed to reopen the case for crossexamination of PW.1
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P.T.ASHA, J., jrs
C.R.P.(PD).No.450 of 2019
11.02.2019
2 issues framed by the court
Whether a Civil Revision petition should be allowed to reopen a suit dismissed for default due to non-appearance of the plaintiff and his counsel.
Whether an application to reopen a case for cross-examination of a witness after default of multiple adjournments has any merit without stated reasons.
1.S.Ravichandran
2.R.Vijayakakshmi
Mannaidevan
P.T.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
