K.Soundharajan v. Parathan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2019

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and C.M.P(MD)No.5605 of 2019 in CRP(MD)No.1019 of 2019 K.Soundharajan .. Petitioner in both CRPs.

Vs.

Parathan .. Respondent in both CRPs.

COMMON PRAYER: Civil Revision Petitions are filed under Article 227 of the Constitution of India against the fair and decreetal orders dated 06.02.2019 made in I.A.Nos.1 and 2 of 2019 in O.S.No.184 of 2013 by the learned Third Additional District Judge, Tiruchirappalli.

For petitioner : Mr.J.Barathan, in both CRPs.

For Respondent : Mr.N.C.Ashok Kumar in both CRPs.

COMMON ORDER Against the dismissal of the petitions seeking to reopen the suit and recall P.W.1, these revisions have been filed. 2.The respondent / plaintiff filed O.S.No.184 of 2013 for the reliefs of declaration and permanent injunction. The second defendant filed written statement. When the matter is posted for the examination of the petitioner / 2nd defendant, he has filed the present petitions seeking to reopen the suit for further crossexamination of P.W.1 and to recall P.W.1 for cross-examination. The Court below has dismissed both the petitions, against which, the present revision petitions have been filed.

3.The learned counsel appearing for the petitioner / 2nd defendant would submit that on 12.10.2018, change of vakalat has been filed on behalf of the petitioner / 2nd defendant and the present counsel has found that cross-examination has not been done in respect of some important aspects and therefore, the present 1/3

applications have been filed to reopen the case and also to recall P.W.1 for cross-examination. But, the Court below has erroneously dismissed the same. Thus, he prayed to set aside the same. 4.The learned counsel for the respondent / plaintiff would submit that the petitioner / 2nd defendant has filed the present petitions only to drag on the proceedings. Thus, he prayed to dismiss the revision petitions.

5.Heard the learned counsel for the petitioner / 2nd defendant and the petitioner / plaintiff and also perused the materials available on record.

6.Perusal of records shows that the Court below has clearly depicted how the petitioner / 2nd defendant had adopted delaying tactics. P.W.1 was examined from 09.12.2014 and the plaintiff's side evidence was closed on 21.09.2015. Thereafter, due to nonappearance of the petitioner / 2nd defendant, he was set ex parte and on petition, the same was set aside on payment of cost of Rs.500/- and on 20.09.2018, P.W.1 was cross-examined and on payment of cost of Rs.1,000/-, adjournment was granted. Once again, on 05.10.2018, the petitioner / 2nd defendant sought time and the Court below granted adjournment on payment of cost of Rs.1,000/-. On the next hearing date, i.e., on 12.10.2018, the petitioner / 2nd defendant has filed change of vakalat and P.W.1 was cross-examined. Thereafter, P.W.3 was examined.

When the suit was pending for examination of the petitioner / 2nd defendant from 22.11.2018, the petitioner / 2nd defendant filed petitions to reopen the suit and recall P.W.1 and the same were also allowed on payment of cost of Rs.1,000/- and the matter was adjourned to 23.10.2019 and subsequently on 31.01.2019 for cross-examination of P.W.1. Since the petitioner / 2nd defendant was not ready on the said hearings, P.W.1's evidence was closed. But, once again, the petitioner / 2nd defendant has filed these petitions, which in my considered opinion, is only to drag on the proceedings. The Court below, after considering the delaying tactics adopted by the petitioner / 2nd defendant, has rightly dismissed the same, which requires no interference from this Court. Accordingly, these Civil Revision Petitions are dismissed. No costs.

Consequently, connected miscellaneous petition is dismissed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar 2/3

To The Third Additional District Judge, Tiruchirappalli.

+1 CC to M/s.T.R.JEYAPALAM, Advocate ( SR-80366[F] dated 07/08/2019 ) +1 CC to M/s.N.C.ASHOK KUMAR, Advocate ( SR-80578[F] dated 08/08/2019 ) COMMON ORDER MADE IN 07.08.2019 smn MS/10.09.2019/3P.4C 3/3