Balakrishnan v. Panner Selvam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2016

CORAM

The Hon'ble Mr.Justice K.K.Sasidharan C.R.P.(PD)No.2361 of 2016

1. Balakrishnan

2. Selvakumar ..Petitioners Vs.

1. Panner Selvam

2. Selvaraj

3. Viruthasambal ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India, challengig the fair and decreetal order, dated 24.11.2015, passed by the learned III Additional District and Sessions Judge, Cuddalore, Virudhachalam, in I.A.No.681 of 2015, in O.S.No.173 of 2013. For Petitioners : Mr.V.Raghavachari For Respondent-1 : Mr.J.Antony Jesus For Respondents 2 & 3 : No appearance

O R D E R

The first respondent filed two Interlocutory Applications before the III Additional District and Sessions Judge, Cuddalore, in I.A.Nos.681 and 682 of 2015, to re-open the evidence and to re-call P.W.5 for further examination. The Applications were allowed by the trial Court. The order is under challenge in this Civil Revision Petition. 2.

Heard the learned counsel appearing for the petitioners and the learned counsel for the first respondent.

3.

The documents available on record indicates that immediately after concluding the evidence of P.W.1 to P.W.5, and before adducing evidence on the side of the petitioners, the first respondent filed Applications to reopen the evidence and re-call P.W.5. Since the applications were filed even before recording the evidence on the side of the petitioners, the trial Court was correct in allowing the applications. I am, therefore, of the view, no interference is called for in the order under challenge. 5.

In the result, the Civil Revision Petition is dismissed. No costs.

25.11.2016 sd Index : Yes/No Internet ; Yes/No To III Additional District and Sessions Judge, Cuddalore.

K.K.Sasidharan,J.,

sd C.R.P.(PD)No.2361 of 2016 25.11.2016 http://www.judis.nic.in