The High Court disposed of civil revision petitions at the admission stage, setting aside the trial court order escheating the plaintiff's evidence and allowing reopening subject to costs.
Impugned orders set aside; petitioner ordered to deposit Rs. 2,000 to reopen evidence and produce witness PW-2.
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HON’BLE SRI JUSTICE U.DURGA PRASAD RAO
CIVIL REVISION PETITION Nos.4035 & 4056 of 2017
COMMON ORDER:
Civil Revision Petition Nos. 4035 & 4056 of 2017 are filed by the plaintiff aggrieved by the order dated 18.7.2017 in I.A.Nos. 314 & 313 of
2017 respectively in O.S.No. 530 of 2005 on the file of Junior Civil Judge, Railway Kodur, Kadapa District.
was filed to reopen the evidence on behalf of the plaintiff. Both the petitions were dismissed by the trail Court. Hence, the instant Civil Revision Petitions.
Revision Petitions can be disposed of at the admission stage without the necessity of ordering further notice on respondent having regard to the nature of the orders impugned.
before the trial Court could not get ready for adducing further evidence
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UDPR, J CRP NOS. 4035 & 4056 OF 2017
and initially his further evidence was closed by the Court. At that stage,
the plaintiff filed I.A.No. 301 of 2017 to reopen the matter to adduce further evidence and to file chief affidavit of PW-2. The said petition was allowed on 9.6.2017 on condition of the plaintiff producing PW-2 before
the Advocate Commissioner for cross examination of other side and also marking of documents of plaintiff. However, the plaintiff did not get ready to produce his witness. Ultimately, the Court eschewed the evidence of PW-2 and proceeded the matter for the evidence of defendant’s side. Thereafter, the plaintiff filed I.A.Nos. 313 of 2017 and 314 of 2017 for re-opening of the matter and to set aside the eschew order. The trial Court dismissed these petitions and hence, the instant Civil Revision Petitions.
to him and the plaintiff is ready to abide by any conditions imposed.
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UDPR, J CRP NOS. 4035 & 4056 OF 2017
the impugned order dated 18.7.2017 in I.A.Nos. 313 & 314 of 2017. Consequently, I.A.Nos. 313 & 314 of 2017 are allowed on condition of the petitioner/plaintiff depositing costs of Rs. 2,000/- (Rupees Two Thousand Only) with the Mandal Legal Services Committee, Railway Kodur, on or before 14.11.2017. On such deposit, the trial Court shall reopen the evidence of plaintiff and permit him to produce PW-2 for cross examination and other witnesses, if any, on a single day fixed by the trail Court. As a sequel there to, miscellaneous applications, pending if any, shall stand closed.
_________________________ U.DURGA PRASAD RAO, J
Date: 02.11.2017 KA
2 issues framed by the court
Whether the civil revision petitions should be disposed of at the admission stage without issuing notice to the respondent.
Whether the petitioner should be given an opportunity to reopen evidence and produce witnesses PW-2.
Plaintiff
Respondent
U.DURGA PRASAD RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
