The High Court dismissed Civil Revision Petitions challenging the trial court's refusal to reopen evidence and recall the plaintiff-witness. The court held that a witness cannot resile from sworn statements made during trial unless inadvertent, especially when the witness had admitted the case for specific performance.
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.
C.R.P. (PD) Nos.2540 and 2610 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2024
CORAM :
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
Civil Revision Petition (PD) Nos.2540 and 2610 of 2023 and C.M.P.Nos.15716 and 16097 of 2023
K.Goundappa Gounder
.. Petitioner in both the C.R.P.'s
Versus
M.Palaniswamy .. Respondent in both the C.R.P.'s
Prayer in C.R.P.No.2540 of 2023 : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order and decreetal order dated 16.03.2023 made in I.A.No.3 of 2023 in O.S.No.131 of 2017 on the file of the 1st Additional District Judge, Coimbatore.
Prayer in C.R.P.No.2610 of 2023 : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order and decreetal order dated 16.03.2023 made in I.A.No.4 of 2023 in O.S.No.131 of 2017 on the file of the 1st Additional District Judge, Coimbatore.
In both the C.R.P.'s:
Page 1 of 6
C.R.P. (PD) Nos.2540 and 2610 of 2024
For the Petitioner : Mr.N.Ishtiaq Ahmed
For the Respondent : Mr.E.Rajesh Kanna
C O M M O N O R D E R
This Civil Revision Petition arises against the I.A.Nos.3 and 4 of 2023 dated 16.03.2023 in dismissing the petition filed to reopen the evidence of P.W.1 and to recall him for further examination.
agreement of sale dated 19.01.2016. The plaintiff claims that he entered into an agreement with the defendant and paid a sum of Rs.41,60,000/-. As the defendant did not honour the sale agreement, he issued a notice on 01.11.2016, calling upon the defendant to execute the sale deed. The defendant issued reply notice on 18.11.2016. As the relief that the plaintiff had sought for did not fructify, he presented O.S.No.131 of 2017 on the file of the 1st Additional District Judge, Coimbatore.
Page 2 of 6
C.R.P. (PD) Nos.2540 and 2610 of 2024
Mr.E.Rajesh Kanna for the respondent.
Page 3 of 6
C.R.P. (PD) Nos.2540 and 2610 of 2024
reopening and recalling of evidence when the proceedings are at the stage of trial, it should be cautious and not to permit the parties to resile from the evidence tendered during the course of trial.
defendant had admitted to execute a sale deed.
Page 4 of 6
C.R.P. (PD) Nos.2540 and 2610 of 2024
29.10.2024
Index : Yes / No Internet:Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No Jer
To
The 1st Additional District Judge, Coimbatore.
Page 5 of 6
C.R.P. (PD) Nos.2540 and 2610 of 2024
V.LAKSHMINARAYANAN, J.,
Jer
Civil Revision Petition (PD) No.2540 and 2610 of 2023
29.10.2024
Page 6 of 6
2 issues framed by the court
Whether the trial court erred in dismissing applications to reopen evidence and recall a witness who had made admissions during examination.
Whether the petitioner can resile from sworn statements made in the witness box unless made inadvertently.
1 provisions across 1 enactments
K.Goundappa Gounder
M.Palaniswamy
V.Lakshminarayan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
