Vijaya v. Raja
Case brief
What is this about?
Keywords: Article 227 Civil Revision Petition; reopening of case; recall of witness P.W.1; further cross-examination; cost enhancement from Rs.500/- to Rs.3,000/-; delay of nearly seven months in filing recall application; partition suit between close relatives; O.S.No.21 of 2024; I.A.Nos.5 & 6 of 2025; Principal District Court Kallakurichi; automatic dismissal on non-payment of cost; expedition of trial. Relevant to propositions on permitting recall of a witness at a mid-trial stage despite absence of reasons in the affidavit, and on conditioning such permission with enhanced costs.
What did the court decide?
Both Civil Revision Petitions allowed: respondents to pay Rs.3,000/- each in both petitions as cost to the petitioners within two weeks, failing which the CRPs stand automatically dismissed; on payment, the trial Court to fix a date for further cross-examination of P.W.1 within four weeks, to be completed within one hearing date; trial Court directed to dispose of the partition suit expeditiously; connected Civil Miscellaneous Petition (C.M.P.No.20716 of 2025) closed, no costs.