The Madras High Court allowed a Civil Revision Petition ordering the Trial Court to grant the petitioner-defendant one more chance to examine their witness, noting the plaintiff was also permitted to recall their own witness.
Civil Revision Petition allowed; directions issued to permit defendant-witness to adduce further evidence.
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(MD)No.738 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.02.2024
CORAM:
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
C.R.P.(MD)No.738 of 2019
Vs.
1.Sumathi
: 1st Respondent/Plaintiff
Muthukaruppan (died)
Sundaram (died)
1/6
C.R.P(MD)No.738 of 2019
10.Vijaya @ Vijayarani : Respondents/Defendants 2, 3, 7 to 15
Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 18.09.2018 in I.A.No.407 of 2018 in O.S.No.189 of 2018 on the file of the learned District Munsif cum Judicial Magistrate, Alangudi.
For Petitioner : Mr.H.Lakshmi Shankar
For Respondents : No Appearance, for R1.
: Dispensed with, R2 to R10.
ORDER
The Civil Revision Petition is directed against the order passed in I.A.No.407 of 2018 in O.S.No.189 of 2018, dated 18.09.2018 on the file
of the learned District Munsif cum Judicial Magistrate, Alangudi, dismissing the petition filed under Section 151 C.P.C., to reopen the case.
partition and for allotment of 1/7 share in the first schedule and 1/ 4 in the second schedule of suit property. The defendants 5 and 6, who are the
suit.
C.R.P(MD)No.738 of 2019
revision petitioners herein filed written statement and are contesting the suit.
C.R.P(MD)No.738 of 2019
5.When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that very recently the plaintiff himself has filed an application to reopen his case for adducing further evidence and the same was allowed and on that basis, P.W.1 was further examined and documents came to be marked as Ex.A7 to Ex.A11 and posted to 22.02.2024 for cross examination of P.W.1.
D.W.2 is in Government service and that is why, he was not in a position to attend the hearings.
C.R.P(MD)No.738 of 2019
payment of cost of Rs.2,000/- (Rupees Two Thousand only) to the plaintiff on or before 28.02.2024, failing which, the Civil Revision Petition shall stand dismissed automatically. No costs.
16.02.2024
NCC :yes/No Index :yes/No Internet :yes/No das
Note : Issue order copy on 20.02.2024.
To
2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
C.R.P(MD)No.738 of 2019
K.MURALI SHANKAR,J.
DAS
Order made in C.R.P.(MD)No.738 of 2019
Dated : 16.02.2024
3 issues framed by the court
Whether the trial court's refusal to reopen a case and permit witness examination after a delay was correct.
Whether the revision petition should be allowed given that the plaintiff was granted leave to recall their own witness.
What terms should apply for granting one more opportunity to the defendant witness to adduce evidence.
2 provisions across 2 enactments
Sambu @ Palanichamy
Chetti @ Singaravelu
Sumathi
K. Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
