Mohd. Sirajuddin v. Iqbal Banu Begum And 2 Others

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD CIVIL REVISION PETITION Nos.2446 & 2453 of 2019 COMMON ORDER:

Since the legal issue involved in both the Revision Petitions is one and the same, they are being disposed of by this common order.

Heard.

These Civil Revision Petitions are directed against the orders dated 13.09.2019 in I.A.No.175 and 174 of 2019 in O.S.No.2566 of 2010 respectively on the file of the Court of XIX Junior Civil Judge, City Civil Court, Hyderabad (for short, the trial Court).

The petitioner herein is the plaintiff and the respondents herein are the defendants in O.S.No.2566 of 2010. During the pendency of the above suit, the petitioner filed I.A.No.175 and 174 of 2019 to reopen the suit and to recall D.W.1 for his cross examination, respectively. The trial Court, by separate orders dated 13.09.2019 dismissed the same on the ground that the petitioner filed above IAs only to drag on the proceedings. Having regard to the facts and circumstances of the case, and on perusal of the records, to meet the ends of justice, the impugned orders are set aside and the petitioner is permitted to cross examine D.W.1.

Accordingly, the Civil Revision Petitions are allowed setting aside the orders dated 13.09.2019 in I.A.No.175 and 174 of 2019 in O.S.No.2566 of 2010 on the file of the Court of XIX Junior Civil Judge, City Civil Court, Hyderabad. No order as to costs.

Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall stand closed.

________________________ T.AMARNATH GOUD, J Date: 24.10.2019 Note:Issue CC tomorrow.

B/o. kvrm