Madras High Court
Dr.Mohana Baluamy vs C.Prabu on 9 March, 2021
C.R.P.(PD).Nos.490 & 491 of 2021
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 09.03.2021
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
C.R.P.(PD)Nos490 & 491 of 2021
and
C.M.P.No.4273 of 2021
Dr.Mohana Baluamy
W/o.Dr.B.A.Balusamy ...Petitioner in both cases
Vs
C.Prabu
S/o.K.Chandrasekaran ...Respondent in both cases
COMMON PRAYER: Civil Revision Petition filed under Article 227 of
Constitution of India, to set aside the fair and decretal order dated
22.12.2010 made in I.A.Nos.2 and 4 of 2019 in O.S.No.13 of 2017 on the
file of the IV Additional District and Sessions Court, Erode at Bhavani.
For Petitioner : Mr.N.Manoharan
https://www.mhc.tn.gov.in/judis/
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C.R.P.(PD).Nos.490 & 491 of 2021
COMMON ORDER
The present revision petitions have been filed challenging the
judgment and decree passed by the learned IV Additional District and
Sessions Judge, Erode, Bhavani, in I.A.Nos.2 and 4 of 2019 in O.S.No.13
of 2017.
2. The defendant/respondent herein had filed the interlocutory
applications in I.A.Nos.2 & 4 of 2019 to recall P.W.1 and re open
evidence of the respondent herein.
3. The learned counsel for the petitioner would submit that the
petitioner herein has filed a suit for delivery of possession, arrears of rent
and damages against the respondent on 24.04.2017. The
respondent/defendant has filed his written statement on 25.04.2018. The
petitioner has filed her reply statement on 27.04.2018 and the respondent
has also filed his additional written statement on 01.12.2018. Issues were
framed on 24.10.2018. P.W.1 was examined in chief on 20.03.2019 and
she was cross examined on 08.08.2019. Thereafter, I.A.Nos.2 and 4 of
2019 were filed on 22.10.2019 to reopen and recall P.W.1 with a view to
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C.R.P.(PD).Nos.490 & 491 of 2021
delay the trial. He would further submit that the suit was posted for
evidence of D.W.1 on 06.09.2019 and he failed to appear, thereafter, the
evidence was closed and the suit was posted for arguments on
22.10.2019. While so, the respondent has filed I.A.Nos.2 and 4 of 2019
to reopen and recall the petitions without any reason or justification. He
would contend that the learned trial Judge has not given any reasons to
allow the petitions. The order passed in I.A.No.3 of 2019 has been cited
as a reason to allow the above petitions. The order passed by the learned
Court is bald, lacunea and unreasoned one. Order 18 Rule 17 CPC cannot
be allowed in a casual manner to fill up the lacunae as held in 2016 (14)
SCC 142, 2016 (11) SCC 296, 2013 (14) SCC1, 2011 (11) SCC 275 and
2009 (4) SCC 410. It is further contended that the trial Court has neither
considered the law declared by Apex Court in the above decisions nor
taken note of the stage of the suit, before allowing the petition to recall
P.W.1 after a lapse of 3 years. Hence, the learned counsel for the
petitioner prays to allow these petitions.
4. Heard the learned counsel for the petitioner and perused the
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C.R.P.(PD).Nos.490 & 491 of 2021
materials placed before this Court.
5. It is seen from the averments that the present petitions have been
filed after a period of three years to recall P.W.1 and reopen the evidence
of the respondent herein. The Court below has allowed these petitions on
payment of cos of Rs.3,000/-. Further for filing these two applications for
re-opening and re-call, the Court below has passed the orders without
giving any valid reasons. The cross examination of P.W.1 is necessary
and the ex-party order was set aside on payment of cost of Rs.3,000/-,
each and every cases has its own procedures and the Court below is also
having thousands of cases pending on its file. The entire nation has been
facing the difficult situation of lock down for the past one year. Due to
the national lock down, the Court below could not proceed further in this
matter.
6. Hence, this Court is inclined to direct the learned IV Additional
District and Sessions Judge, Erode, Bhavani, to complete the cross
examination of P.W.1 by the defendant within a period of two weeks
from the date of receipt of copy of this order and the Court should
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C.R.P.(PD).Nos.490 & 491 of 2021
proceed further in these matters and complete the trial as expeditiously as
possible.
7. Accordingly, the present civil revision petitions are disposed of.
No cost. Consequently, connected civil miscellaneous petition is also
closed.
09.03.2021
Index:Yes/No
Speaking order/Non Speaking order
sbn
To
The IV Additional District and Sessions Judge,
Erode,
Bhavani.
https://www.mhc.tn.gov.in/judis/
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C.R.P.(PD).Nos.490 & 491 of 2021
V.BHAVANI SUBBAROYAN, J.
sbn
C.R.P.(PD)Nos490 & 491 of 2021
and
C.M.P.No.4273 of 2021
09.03.2021
https://www.mhc.tn.gov.in/judis/
