Anandaprabhu v. Sri Amman Electricals

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and C.M.P.No.19587 of 2021 Ananda Prabhu .. Petitioner in both CRPs Vs.

Sri Amman Electricals Rep. By Kumaresan S/o Kanthasamy Salem Main Road, Kasba, Kallakurichi, Kallakurichi Taluk, Villupuram District.

.. Respondent in both CRPs PRAYER in both the CRPs: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside fair and decreetal order dated 05.10.2021 in I.A.No.321 and 322 of 2021 in O.S.No.10 of 2018 on the file of Additional District Judge III- Kallakurichi, and allow the Civil Revision Petition.

For Petitioner : Mr.A.Rajakumarn C O M M O N O R D E R 1/4

Challenge in these Revisions is to the common order of the trial Court dismissing the application of the defendant seeking to re-open the evidence of the plaintiff and to recall PW1 for cross-examination.

2. According to the defendant/ petitioner, certain very important questions relating to the Exs.A1 to A4 were left out during crossexamination and hence the evidence has to be re-opened.

3. It is admitted that after closing of plaintiff's evidence the defendant had also let in evidence. The suit is one for recovery of money based on the returned cheque. Ex.A1 is the cheque itself. Ex.A2 is the memo of return made by the petitioner. Ex.A3 is the sale deed under which the plaintiff has purchased certain property. Ex.A4 is the Encumbrance certificate. I am unable to comprehend any important questions with reference to these documents. Even otherwise this application is highly belated, as it has been filed after the evidence of the defendant was closed and the suit was posted for arguments.

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4. I do not find any illegality or irregularity in the order of the trial Court in dismissing the applications as belated. The Revisions therefore fail and they are accordingly dismissed. No costs consequently, the connected miscellaneous petition is closed.

06.12.2021 dsa Index : No Internet : Yes Speaking order To The Additional District Judge III- Kallakurichi. 3/4

R.SUBRAMANIAN, J.

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