HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
CIVIL REVISION PETITION No.1212 of 2023
ORDER:
Heard Sri G.Eshwar, learned counsel, who argued on behalf of Sri G.Kiran Kumar, learned counsel on record for the petitioner. In the light of the limited issue involved, issuance of notice to the respondent is felt not required.
2. This Civil Revision Petition is filed seeking the court to set aside the order of the Court of Junior Civil Judge, Zaheerabad in CFR.No.1557 of 2023 in O.S.No.101 of 2015, dated 11.4.2023.
3. A perusal of the material available on record reveals that the petitioner, who is the defendant to the suit in O.S.No.101 of 2015 which is pending before the Court of Junior Civil Judge, Zaheerabad, moved an application under Order XVIII Rule 17 C.P.C., seeking the court to re-open the said suit for the purpose of adducing his further evidence. The said application was returned on the ground that notice to the respondent/plaintiff was not issued. The second objection taken is that the matter is posted for judgment. 2
Dr CSL, J CRP.No.1212 of 2023
4. Learned counsel for the petitioner states that the petitioner has got sufficient material to adduce his further evidence and therefore, the trial court ought to have given just opportunity to the petitioner to adduce such evidence. Learned counsel also submits that at least notice might have been ordered to the respondent/plaintiff and the petition might not have been returned.
5. Having considered the submission thus made, which appears justifiable, this Civil Revision Petition is allowed. The Court of Junior Civil Judge, Zaheerabad, is directed to entertain the application filed by the petitioner vide CFR.No.1557 of 2023 in O.S.No.101 of 2015, in case, the said application is represented after issuing notice to the respondent/plaintiff. However, the trial court is directed to dispose of the said interlocutory application basing on its own merits. None of the observations made in this order shall be taken into consideration while disposing of the said application.
6. Learned counsel for the petitioner states that the matter is listed before the trial court on this day for judgment. In case, no judgment is pronounced till forenoon 3 Dr CSL, J CRP.No.1212 of 2023 (i.e., till 2 pm), the trial court is directed to dispose of the aforesaid interlocutory application on merits before pronouncing the judgment. In case, the judgment is pronounced, the present Civil Revision Petition would automatically stands dismissed.
7. As a sequel, Miscellaneous Petition pending, if any, shall stand closed.
________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA 17.4.2023 Note:
Issue CC today.
B/o dr