Justice P.S. Narayana dismissed a civil revision petition filed under Article 227 of the Constitution of India against an order whereby the trial court refused to reopen an old suit posted for arguments.
Civil Revision Petition dismissed at the stage of admission without costs.
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THE HON'BLE SRI JUSTICE P.S.NARAYANA
C.R.P.No.5785 of 2009
th 5 December, 2009
Between :-
.. J.Laxmikantha Reddy Petitioner
And
Bandela William Peter and another .. Respondent
THE HON'BLE SRI JUSTICE P.S.NARAYANA C.R.P.No.5785 of 2009
ORDER:-
Heard the Counsel.
2. The Civil Revision Petition is filed as against an order made in I.A.No.217/2007 in O.S.No.275/2000 on the file of the Principal Junior Civil Judge, Nandyal.
3. The learned Judge after formulating the point for consideration at para 7, recorded reasons at para 7 and ultimately dismissed the application without costs. The learned Judge at para 7 observed as hereunder:-
“The evidence on both sides completed on 2211-2006 in the main suit and the suit was posted for arguments. After taking several adjournments, the petitioner/plaintiff represented on 20-12-2006 that he will move TOP and requested to adjourn the suit and hence, the suit was posted with a condition to the petitioner has to argue the matter in the main suit on 3-1-2007. Since from that day, the petitioner taken so many
adjournments and at last filed this petition praying to re-open the suit for receiving the documents and to further cross-examine P.W.1 and D.W.1 which is not just and reasonable. So, the demeanor of the petitioner seems that he has no intention to proceed with the case and wanted to drag on the matter without any reasonable cause. Moreover, this is a old suit and was in the argument stage. There are no tenable grounds to allow the petition. Therefore, in the above stated facts and circumstances of the case, this petition is liable to be dismissed without costs.”
4. In the light of the convincing reasons recorded by the learned Principal Junior Civil Judge, Nandyal, this is not a fit matter to be interfered with under Article 227 of the Constitution of India. The Civil Revision Petition shall stand dismissed at the stage of admission. No order as to costs.
_________________ Justice P.S.Narayana
5th December, 2009 smr
1 issue framed by the court
Whether the High Court should interfere under Article 227 of the Constitution of India against an order dismissing a civil revision petition filed in an old suit posted for arguments.
J.Laxmikantha Reddy
Bandela William Peter
P.S. Narayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
