Madras High Court
K.Balaji vs Munusamy on 23 July, 2021
CRP(PD)Nos.1369 & 1371 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
CRP(PD)Nos.1369 & 1371 of 2021
and
CMP.Nos.10670 & 10672 of 2021
[Through Video Conferencing]
K.Balaji ... Petitioner in both CRPs
vs.
1.Munusamy
2.Vasu ... Respondents in both CRPs
COMMON PRAYER: Civil Revision Petition filed under Article 227 of the
Constitution of India praying to set aside the Fair and Decreetal Order dated
22.03.2021 passed in I.A.Nos.1 & 2 of 2021 in O.S.No.6 of 2014 on the file of
the District Munsif Court at Tiruttani.
For Petitioner in both CRPs : Ms.D.Roobinichitra
For Respondents in both CRPs : No appearance
*****
ORDER
The Civil Revision Petitions had been filed by the plaintiff in O.S.No.6
of 2014 which was pending on the file of the District Munsif Court at
Tiruttani.
https://www.mhc.tn.gov.in/judis/
CRP(PD)Nos.1369 & 1371 of 2021
2.The plaintiff, on conclusion of trial had thought it necessary to file two
separate applications in I.A.No.1 of 2021 and I.A.No.2 of 2021 seeking
permission to reopen the evidence and to recall D.W.1, D.W.2 and D.W.3 for
further cross examination.
3.The reasons given was that the plaintiff had thought it necessary to
change his counsel and the new counsel who entered appearance had thought it
necessary to recall all the defendants' witnesses for further cross examination.
4.Naturally, that is not a ground which can be appreciated as a reason
requiring to recall all the witnesses. The witnesses can be recalled only when
facts had been omitted to be cross examined. In this case, such a reason has not
mentioned.
5.The learned District Munsif at Tituttani by an order dated 22.03.2021
had dismissed both the applications. In the common order passed, the learned
District Munsif had observed that D.W.1, D.W.2 and D.W.3 had already been
cross examined and thereafter, on an endorsement made by the learned counsel
for the plaintiff, their respective cross examination had been closed. The matter
was then posted for arguments on 13.11.2020, 22.11.2020, 23.11.2020,
07.12.2020 16.12.2020 and 07.01.2021 on which date the change of vakalat
https://www.mhc.tn.gov.in/judis/
CRP(PD)Nos.1369 & 1371 of 2021
was filed and when it was posted for arguments these Interlocutory
Applications in I.A.Nos.1 & 2 of 2021 came to be filed.
6.It is also to be noted that D.W.1 is an aged person about 96 years who
had been cross examined in detail. The learned District Munsif had also
observed that D.W.2 and D.W.3 had already been cross examined and it had
been observed that more than sufficient opportunities had been granted to the
plaintiff for that purpose.
7.I am informed that subsequent to that particular order, the suit itself
had been dismissed by Judgment and Decree passed by the learned District
Munsif at Tiruttani on 09.07.2021and hence nothing survives for adjudication
in the present revision petitions.
8.The Civil Revision Petitions are therefore dismissed. Consequently,
the connected miscellaneous petitions are also closed. No order as to costs.
23.07.2021
ssi
https://www.mhc.tn.gov.in/judis/
CRP(PD)Nos.1369 & 1371 of 2021
C.V.KARTHIKEYAN, J.
ssi
To
1.The District Munsif Court,
Tiruttani.
CRP(PD)Nos.1369 & 1371 of 2021
and
CMP.Nos.10670 & 10672 of 2021
23.07.2021
https://www.mhc.tn.gov.in/judis/
