Madras High CourtCRP(MD)/219/2018allowed

Iruli v. Sethuraman

2018-04-04Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.04.2018

CORAM

THE HONOURABLE MR. JUSTICE M.V.MURALIDARAN CRP(PD)(MD).Nos.219 and 220 of 2018 Iruli .. Petitioner in both Petitions Vs.

Sethuraman .. Respondent in both Petitions PRAYER in CRP(PD)(MD).No.219 of 2018: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 20.07.2017 made in the I.A.No.216 of 2017 in O.S.No.20 of 2009 on the file of the Learned Principal District Munsif Court, Manamadurai and allow the Civil Revision Petition. PRAYER in CRP(PD)(MD).No.220 of 2018: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 20.07.2017 made in the I.A.No.217 of 2017 in O.S.No.20 of 2009 on the file of the Learned Principal District Munsif Court, Manamadurai and allow the Civil Revision Petition. For Petitioner : Mr.R.Karunanidhi For Respondent : No Appearance C O M M O N O R D E R The petitioner has come forward with these civil revision petitions to set aside the fair and decreetal order dated 20.07.2017 made in the I.A.No.216 and 217 of 2017 in O.S.No.20 of 2009 on the file of the learned Principal District Munsif Court, Manamadurai, and allow the Civil Revision Petition.

2.The learned counsel appearing for the revision petitioner submitted that the respondent has filed a suit in O.S.No.20 of 2009 before the Principal District Munsif, Manamadurai. The plaintiff has examined Pws 1 to 3. Since the petitioner was suffering from Jaundice, he was unable to contact his counsel and give instructions to cross examine PWs2 and 3. Hence, the petitioner had filed I.A.No.216 and 217 of 2017 to reopen and recall the witnesses PW2 and PW3 and permit the petitioner to cross examine them. But, the applications were dismissed by the Trial Court. Aggrieved over the same the petitioner has come forward with this Civil Revision Petition.

3.There is no representation for the respondent. 4.Heard the learned counsel for the revision petitioner and perused the documents available on record.

5.The petitioner, who is the defendant, has filed applications in I.A.No.216 and 217 of 2017 for re-open and recall the witnesses PWs2 and 3. In his affidavit he has stated as follows:

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"I submit that I preferred this interlocutory application praying this Honourable Court to reopen the plaintiff's side evidence since I was suffering by Jaundice and I was unable to give instructions to my counsel for cross examining PW2 effectively and I was unable to cross examine PW3. The cross examination of the aforesaid witnesses is vital to prove my case and it would bring the truth to limelight.

I submit that the Respondent filed the main suit for declaration and injunction against me with the false averments. The Respondent examined himself as PW1 and I cross examined him through my counsel. Later, the Respondent produced a witness namely Thangaraj and examined him as PW2 and later the Respondent moved an application to strike off his evidence with false averments."

The petitioner states that since he was suffering from Jaundice he was unable to give proper instructions to his counsel to cross examine PW2 and PW3. Therefore, he has filed the applications to reopen and recall the witnesses PW2 and PW3. 6.Since, the petitioner stated valid reason in para 2 of his affidavit, this Court is inclined to permit the petitioner to examine PW2 and PW3 by way of recalling the witnesses. 7.In the result, these Civil Revision Petitions are allowed. The learned Principal District Munsif, Manamadurai, is directed to issue summons to recall PW2 and PW3 within a period of two weeks and fix a particular date for the examination of said PW2 and PW3 by this petitioner, who is the defendant in the suit and the said examination should be completed within a period of three weeks from the date of receipt of a copy of this order. Thereafter, the trial Court is directed to dispose of the suit within a period of three months.

Sd/ Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To 1.The Principal District Munsif, Manamadurai. 2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +1cc to Mr.R.Karunanidhi, Advocate, SR.No.59719 CRP(PD)(MD).Nos.219 and 220 of 2018 04.04.2018 TM KK/SKN RSK/24.04.2018/SAR-3/2P-5C https://hcservices.ecourts.gov.in/hcservices/