The High Court disposed of a revision petition directed against an order that restored a dismissed suit to file under Order 9 Rule 9 CPC, directing the trial court to commence proceedings from the further cross-examination of the plaintiff-witness.
Suit to proceed from further cross-examination of P.W.1; no costs.
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HON’BLE SRI JUSTICE B.SESHASAYANA REDDY
C.R.P.No. 5851 of 2009
O R D E R:
This revision is directed against the order dated 4-11-2009 passed in IA No. 642 of 2009 in OS No. 54 of 2000 on the file of the Junior Civil Judge, Miryalaguda whereby and whereunder the learned Junior Civil Judge, allowed the application filed by the plaintiff under Order 9 Rule 9 CPC and restored the suit to its file, which ended in dismissal on 28.06.2007.
2. When the revisioin came up for admission, the respondent entered appearance through a counsel.
3. Heard the learned counsel appearing for both the parties.
4. The only grievance of the petitioner is that the plaintiff while being examined as PW1 made certain admissions which are favourable to the petitioner/defendant and the said admissions are being taken away since the plaintiff has been permitted to adduce evidence afresh.
5. The factual aspect is that the suit of the plaintiff came to be dismissed when the case was coming up for further cross-examination of P.W.1 Once the suit is restored to file, the proceedings have to be commenced from where they were stopped on the date of the dismissal of the suit for default.
6. The learned counsel appearing for the respondent/plaintiff also does not dispute of P.W.1 being cross-examined in part as on the date of dismissal of the suit.
7. Such of the situation, I deem it appropriate to dispose of the revision directing the trial court to commence the trial of the suit from further crossexamination of P.W.1.
8. With the above direction, the civil revision petition is disposed of. No costs.
23-04-2010
Mjl/*
HON’BLE SRI JUSTICE B.SESHASAYANA REDDY
C.R.P.No. 5851 of 2009
Mjl/*
DATED: 23-04-2010
2 issues framed by the court
Whether the trial court should commence the suit from the further cross-examination of P.W.1 after restoring the suit to file.
Whether the admissions made by the plaintiff during the initial examination can be relied upon given the restoration of the suit to file.
1 provisions across 1 enactments
Petitioner
Respondent
B. Seshasayana Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
