Court dismissed civil revision petitions seeking to reopen a concluded suit and recall a witness for cross-examination, holding such attempts to delay eviction proceedings lack bona fides and proper remedy lies in appeal.
Both Civil Revision Petitions No.3684 and 3686 of 2012 are dismissed at the stage of admission.
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THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO Civil Revision Petition Nos.3684 & 3686 of 2012
COMMON ORDER:-
The defendant in O.S.No.961 of 2007 on the file of the court of Principal Rent Controller-cum-XII Junior Civil Judge, Hyderabad is the revision petitioner in both the revisions.
I.A.55 of 2012 is filed to reopen the suit for adducing the evidence and I.A.No.56 of 2012 was filed to recall PW.1 for the purpose of cross examination. Both applications were dismissed and as against that C.R.P.No.3684 and 3686 of 2012 were filed. Evidently, as can be seen from the order of the court below, earlier an ex parte decree was passed and at the stage of execution, the application was filed to set aside the ex parte decree and it was considered. Thereafter, when the matter was posted for cross examination of PW.1, the revision petitioner has not participated and consequently the applications were dismissed and on the same day the suit was decreed ordering the eviction of the defendant from the suit schedule property, which is a room. When the suit itself has been disposed off by a final judgment, the question of reopening the matter and recalling PW.1 does not arise, merely because, the orders are not passed even before the delivery of the judgment. It does not mean that the right of the revision petitioner is lost. Evidently, the trend of the litigation undertaken by the revision petitioner is to delay the eviction proceedings and there are absolutely no bonfa fides. However, the remedy of the revision petitioner is only to challenge the decree passed by the court below and agitate the grievance, if any, in the appellate court. It cannot take circuitous litigation to avoid the decree without filing the appeal, which requires the payment of court fee. Therefore, there are no merits in both the civil revision petitions and are liable to be dismissed.
Accordingly, both Civil Revision Petitions are dismissed at the stage of admission.
___________________ N.R.L. NĀGESWARA RĀO,J
03-08-2012 TSNR
1 issue framed by the court
Whether civil revision petitions filed to reopen a closed suit for adducing evidence and recall of witness admit on the record.
Defendant in O.S.No.961 of 2007
Other Party
N.R.L.NAGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
