D.Mani v. R.Anandeeswaran
Case brief
What is this about?
This revision holds the Trial Court's order dismissing an application to reopen evidence set aside. The High Court directed the Trial Court to allow the defendant to lead evidence and dispose of the specific performance suit within six months.
What did the court decide?
Application to reopen evidence allowed; Trial Court directed to dispose of suit within six months.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.R.P(NPD)No.965 of 2020 and CMP.No.5256 of 2020
D.Mani
...Petitioner / Defendant
Vs.
R.Anandeeswaran ...Respondent / Plaintiff
Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 29.01.2020 passed by the learned Additional District Judge, Dharmapuri in IA.No.2 of 2019 in OS.No.6 of 2016.
The defendant in OS.No.6 of 2016, a suit for specific performance is on revision, aggrieved by the order of the Trial Court, dismissing his application for reopening his evidence to enable him let in evidence.
2.It is seen from the records that the plaintiff side evidence was closed on 17.10.2019 and the case was adjourned to 06.11.2019. On 06.11.2019, since there was no representation for the parties, the matter was adjourned to 13.11.2019. On 13.11.2019, at the request of the defendant, the case was adjourned to 20.11.2019 for examination defence witnesses. Again on 20.11.2019, at the request of the defendant, the case was adjourned to 27.11.2019. Since the defendant did not chose to let in evidence on that date also, the evidence was closed. Even before the next hearing date namely, 06.12.2019, a petition was filed seeking re-opening of the evidence. The learned Additional District Judge, Dharmapuri dismissed the application for re-opening the evidence on the ground, the petitioner has taken time thrice.
Issues for consideration
2 issues framed by the court
Whether the Trial Court was justified in dismissing the application for re-opening the defendant's evidence due to alleged delay.
Whether the defendant's affidavit regarding hospitalization and inability to appear should be interpreted to allow re-opening of evidence.
Parties & counsel
- petitioner
D.Mani
- respondent
R.Anandeeswaran
Coram
R.Subramanian
Case details
As recorded by the court registry
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