Madras High CourtCRP/2404/2023disposed of

M.Sivakumar v. A.Palanisamy Gounder

2023-11-06Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP Nos. 2404 & 2405 of 2023 & CMP No. 15048 & 15050 of 2023 M.Sivakumar

...Petitioner in both petitions

Vs.

1.A.Palanisamy Gounder Nachammal (died) 2.M.Sivasakthi ....Respondents in both petitions PRAYER in CRP No.2404 of 2023 : This petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 20.03.2023 passed in IA No. 67 of 2023 in O.S No. 389 of 2010 on the file of the District Munsiff Court, Udumalpet.

PRAYER in CRP No.2405 of 2023 : This petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 20.03.2023 passed in IA No. 68 of 2023 in O.S No. 389 of 2010 on the file of the District Munsiff Court, Udumalpet.

For Petitioner in both petitions : Mr. Arul Gnana Prakash For R1 : Mr.D.R.Arun Kumar For R2 : Notice sent service awaited COMMON ORDER These petitions have been filed to set aside the fair and decreetal order dated 20.03.2023 passed in IA No. 67 & 68 of 2023 in O.S No. 389 of 2010 on the file of the District Munsiff Court, Udumalpet.

2. The petitions in I.A Nos. 67 & 68 of 2023 have been filed to reopen the evidence of plaintiff for recall of P.w.1 for cross examination. Considering the submissions on either side, the Court dismissed the above said petitions. Aggrieved over the same, the petitioner filed the present petitions.

3. The learned counsel for the petitioner submits that the first respondent was examined as P.w.1 and cross examined on 02.08.2019 and the evidence closed on 08.01.2020 and D.W.3 was examined and cross examined and during the cross some documents were marked on the side of the plaintiff/first respondent herein, hence with regard to the said documents the petitioner wants to cross examine the P.W.1 unless it put too much hardships to the petitioner but the Court below dismissed the petitions

stating that the petitioner cannot be permitted to fill up the lacunae. Hence, he prays to allow this petition.

4. The learned counsel for the respondent submits that the Court below rightly dismissed the petition which needs no interference.

5. Considering the facts of the case, admittedly Ex.A13 was brought on record only during cross examination of D.W.3. If the opportunity is not given to the petitioner to recall and cross examine P.W.1. It would cause irreparable loss to the petitioner. Hence, the Order passed by the Trial court in IA No. 67 & 68 of 2023 in O.S No. 389 of 2010 is set aside. Thus, I.A No. 67 & 68 of 2023 is allowed. Further, the Trial Court is directed to dispose of the O.S No. 389 of 2010 within a period of three months from the date of receipt of a copy of this order.

6. In result, these Civil Revision petitions are allowed. No Cost. Consequentially, Connected miscellaneous petitions are closed. 06.11.2023 pbl

T.V.THAMILSELVI,J.

Pbl To

1. The District Munsiff Court, Udumalpet.

CRP No. 2404 & 2405 of 2023 & CMP Nos. 15048 & 15050 of 2023 06.11.2023