Madras High Court
Mrs. Ezhil vs Mrs. Ragini on 27 September, 2023
C.R.P. No. 3537 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :.27.09.2023
CORAM :
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
C.R.P. No. 3537 of 2023
and
C.M.P.No.22126 of 2023
Mrs. Ezhil ...Petitioner
.Vs.
1. Mrs. Ragini
2. Bapli
3. Sheebasanthi
4. Mrs. Jansi
5. Barath
6. Omana
7. M.S. Yuganandham
8. Velankanni
9. Khousalya
10. Gopal
https://www.mhc.tn.gov.in/judis
C.R.P. No. 3537 of 2022
11. The Sub Registrar,
Virugambakkam SRO,
Chennai - 92 ..Respondents
Prayer: This Civil Revision Petition is filed under Article 227 of the
Constitution of India, praying to set aside the order passed in I.A.No.4 of
2023 in O.S.No.245 of 2008 on the file of the Subordinate Judge,
Poonamallee, Thiruvallur District dated 04.09.2023 and to direct the learned
Subordinate Judge, Poonamalle to take the rejected application and decide
the matter on merits.
For Petitioner : Mr.S. Ramachandran
ORDER
This petition is filed seeking a direction to set aside the order
passed in I.A.No.4 of 2023 in O.S.No.245 of 2008 on the file of the
Subordinate Judge, Poonamallee, Thiruvallur District dated 04.09.2023 and
to direct the learned Subordinate Judge, Poonamalle to take the rejected
application and decide the matter on merits.
https://www.mhc.tn.gov.in/judis
C.R.P. No. 3537 of 2022
2. The facts of the case is that the petitioner herein has filed
I.A.No. 4 of 2023 under Section 151 of CPC praying to re-open DW1 for the
purpose of further cross examination which was closed on 21.08.2023 and
the same was dismissed vide order dated 08.09.2023. Aggrieved over the
same, the petitioner has come up with this petition.
3. The learned counsel for the petitioner submitted that cross
examination of DW1 is necessary to pass Judgment in the suit, due to which
the counsel for the petitioner before the Court below sought time for
continuation of cross examination of DW1. He further submitted that when
the matter was taken up for hearing on 21.08.2023, the counsel for the
petitioner was not able to appear and cross examine the witness and the
Court below closed the cross examination of DW-1 by D4.Hence, prays to
allow this petition.
4. On a perusal of the records it is seen that the learned counsel
appearing for the petitioner has appeared on all hearing dates and he sought
time for continuation of cross continuation of DW1 by D4 and the same was
not permitted by the learned Judge in O.S.No.241 of 2008, due to which he
https://www.mhc.tn.gov.in/judis
C.R.P. No. 3537 of 2022
as filed I.A.No.4 of 2023 in O.S.No.245 of 2008 on the file of the
Subordinate Judge, Poonamallee, Thiruvallur District to reopen DW1 for the
purpose of further cross examination and the same was dismissed vide order
dated 08.09.2023. This Court is of the view that the petitioner had denied
opportunity in O.S as well as in the I.A for cross examination of DW1, hence
one more opportunity may be granted for the petitioner to establish his case
by way of allowing this petition.
5. In view of the above this petition is allowed and the order
passed in I.A.No.4 of 2023 in O.S.No.245 of 2008 on the file of the
Subordinate Judge, Poonamallee, Thiruvallur District dated 04.09.2023 is
hereby set aside. No order as to costs. Consequently, the connected
miscellaneous petition is closed.
27.09.2023
smn
Index : Yes/No
Internet: Yes/No
https://www.mhc.tn.gov.in/judis
C.R.P. No. 3537 of 2022
To.
1. The Subordinate Judge, Poonamallee, Thiruvallur District
2. The Sub Registrar,
Virugambakkam SRO,
Chennai - 92
https://www.mhc.tn.gov.in/judis
C.R.P. No. 3537 of 2022
V.BHAVANI SUBBAROYAN,J.
Smn
C.R.P. No. 3537 of 2023
and
C.M.P.No.22126 of 2023
27.09.2023
https://www.mhc.tn.gov.in/judis
