← Library
Madras High CourtA/1965/2024allowed

Dr.Udhayan Felix v. S.Sivaraj And Another

2024-04-08Honourable Mr Justice C.V. Karthikeyan2 pages

A.Nos. 1965 & 1966 of 2024 And C.S.No. 393 of 2019 C.V.KARTHIKEYAN, J.

Both these applications have been filed seeking to reopen the evidence of PW-1 & PW-2 for the purpose of cross examining P.W.1 and PW-2.

2. The defendant must realise that the counsels are not like shirts to be worn once, taken away and another shirt to be worn. It is complained that the present counsel for the defacto complainant is the fourth advocate. The learned counsels must also realise their responsibility to the Court and discharge their professional duties by cross examining the witness.

3. It is asserted by the plaintiff that whenever there has been a change of counsel, papers have been served on the fresh counsel and thereafter again and again, there is a demand for copies of records. https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

vsg

4. Both these applications are allowed only because the defendant has to be given an opportunity of cross examining the witness for the plaintiff. The defendants must realise that mere because there is change the counsels, it would not mean that they can protract the proceedings of the case further and further.

5. Both these applications are allowed. PW-1 and PW-2 are to be present before the learned Additional Master No.II on 12.04.2024 and as indicated by my learned predecessor in the order, the cross examination of both the witnesses should be completed by 19.04.2024. The copies of the proof affidavits of PW-1 and PW-2 may be handed over to the learned counsel, who has now entered appearance on behalf of the defendants, who may make himself ready to conduct the cross examination. vsg 08.04.2024 A.Nos. 1965 & 1966 of 2024 And C.S.No. 393 of 2019 https://www.mhc.tn.gov.in/judis