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Madras High CourtCRP/2773/2013dismissed

Jeyaraj v. Kandhiammal

2017-04-04Honourable Mr Justice K.K. Sasidharan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN C.R.P.(P.D.) Nos.2773 and 2774 of 2013 and M.P.No.1 of 2013 in CRP(PD) No.2773 of 2013 Jeyaraj

...Petitioner in both CRPs.

Vs Kandhiammal

...Respondent in both CRPs.

Prayer:- Civil Revision Petitions filed under Article 227 of the Constitution of India against the order passed on 27.06.2013 in I.A.Nos.917 and 276 of 2013 in O.S.No.707 of 2007 on the file of II Additional District Munsif, Kallakurichi. For Petitioner : Mr.R.Kumaravel

O R D E R

The petitioner long after cross examining P.W.1 in O.S.No.707 of 2007 filed applications in I.A.Nos.917 and 276 of 2013 to re-open and recall P.W.1 for the purpose of cross examination. The applications were dismissed by the trial Court. The said orders are under challenge in these civil revision petitions.

2. Heard the learned counsel for the petitioner. None appears on behalf of the respondent.

K.K.SASIDHARAN,J.

gms

3. The orders passed by the trial Court indicate that the petitioner took several adjournments for the purpose of cross examining P.W.1. The petitioner finally cross examined P.W.1 on 14 February 2011. The evidence was closed on 14 March 2011. The matter was posted for adducing evidence on the side of the petitioner on 18 March 2011. The petitioner took several adjournments under the pretext of his examination. It was only after closing the evidence and posting the matter for arguments, the petitioner filed applications to re-open and recall P.W.1 for further cross examination. There is absolutely no bona fide in the contention taken by the petitioner. The intention is only to drag on the matter and to harass the respondent. I am, therefore, of the view that the learned trial Judge was perfectly correct in dismissing the applications.

In the upshot, I dismiss the civil revision petitions. No costs. Consequently, connected miscellaneous petition is closed. 04.04.2017 Gms To The II Additional District Munsif, Kallakurichi.

C.R.P.(P.D.) Nos.2773 and 2774 of 2013

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