Madras High Court
N.R.Loganathan vs N.M.Kousalya on 24 October, 2024
C.R.P. (PD) .No. 4284 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.10.2024
CORAM
THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN
C.R.P.(PD).No. 4284 of 2024
&
C.M.P.No. 23821 of 2024
N.R.Loganathan ...Petitioner
Vs.
N.M.Kousalya ...Respondent
Prayer: Petition is filed under Article 227 of the Constitution of India
to set aside the order dated 06.09.2024 passed by the learned XIX
Additional Judge, City Court, Chennai, in I.A.No.2 of 2024 in
O.S.No.1140 of 2023, dismissing the petition to reopen P.W.1 Cross
examination by the petitioner / 1st defendant, which was closed by the
Trial Court on 07.08.2024.
For Petitioner : Mr. M.Kempraj
For Respondent : Mr. M.Mohamed Hasain
1/10
https://www.mhc.tn.gov.in/judis
C.R.P. (PD) .No. 4284 of 2024
ORDER
This Civil Revision Petition arises against the order passed by the
learned XIX Additional City Civil Judge, Chennai, in I.A.No.2 of 2024
in O.S.No.1140 of 2023.
2. O.S.No.1140 of 2023 is a suit for recovery of money on the
foot of promissory notes. The claim of the plaintiff is that the 1st
defendant had executed four promissory notes on 05.03.2020 and two
promissory notes on 10.05.2020, in favour of one Muthu Krishna
Reddy, who is the husband of the plaintiff. The promissory notes are to
the tune of Rs.30,00,000/-. The said Muthu Krishna Reddy passed
away and therefore the plaintiff as a legal representative of the said
Muthu Krishna Reddy presented a plaint. For the sake of completion,
she had impleaded her children as defendants 2 to 5.
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3. Summons was served on the 1st defendant and he has also filed
a detailed written statement.
4. On the basis of respective pleadings, the parties went for Trial.
P.W.1 filed her proof affidavit on 29.09.2023. Thereafter, several
opportunities were given to the 1st defendant to cross examine her. The
1st defendant also cross examined her on 19.10.2023, 06.11.2023,
21.11.2023, 19.12.2023, 22.01.2024 and 19.02.2024. Further, the 1st
defendant continued cross examination on 08.04.2024 to 21.06.2024.
Finally, the matter was posted on 25.07.2024. On that date, the 1st
defendant was not ready to cross examine the plaintiff and hence a cost
of Rs.1,500/- was imposed for adjourning the matter to 07.08.2024.
5. Unfortunately, when the matter was listed on 07.08.2024, the
learned counsel for the 1st defendant, who was to cross examine P.W.1
had suffered an accident and therefore was not present. Furthermore,
the cost of Rs.1500/- was also not paid. Hence, the Court was left with
no other option than to close P.W.1 evidence.
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6. At that stage, the petitioner came forward with an application
to reopen the evidence of P.W.1 which had been closed on 07.08.2024.
The reason given in the affidavit is that the learned counsel had
suffered an accident and had to undergo surgery. Hence, he was not in
a position to continue the cross examination.
7. The plaintiff filed a detailed counter to the said application,
pointing out several dates on which proceedings had been adjourned
and also pointed out that while non appearance of the learned counsel
who was cross examining might be valid, no reason had been given for
non payment of Rs.1500/-.
8. The learned Trial Judge persuaded with the submissions and
dismissed the application to reopen. Hence, this revision.
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9. I heard Mr.M.Kempraj for the civil revision petitioner and
Mr.M.Mohamed Hasain for the respondent.
10. The narration of the above facts shows that the matter was
listed on 07.08.2024 for continuation of cross examination. The
learned counsel, who was cross examining the plaintiff on behalf of the
1st defendant, had unfortunately suffered an accident and had to
undergo an operation. Hence, he could not present himself to the Court
for the purpose of continuing the cross examination which has been
going on for more than 11 months.
11. As rightly pointed out by Mr. M.Mohamed Hasain, no reason
has been given for the non-payment of cost of Rs.1500/-. However, the
Court always has the power to extend the time granted for complying
with any condition that might be imposed on the party in terms of
Section 148 read with Section 151 of CPC. Therefore, emphasis need
not be placed on non payment of costs.
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12. Mr.Kempraj pleads that he is now healthy and in a position to
cross examine P.W.1. He pleads, if a day's opportunity is granted to
him, he will be in a position to complete the cross examination of his
side.
13. This being the situation, I am inclined to give an opportunity
in the interest of justice for the 1st defendant. This is because, the
demand runs into several lakhs and at a later date, the 1st defendant
should not plead that he was not given sufficient opportunity for
completing his cross examination.
14. In the light of the above, this Civil Revision Petition is
allowed with the following directions:
(i)The 1st defendant / civil revision petitioner shall
pay a sum of Rs.10,000/- as cost in addition to Rs.1500/-,
that had already been imposed by the Trial Court, to the
plaintiff.
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(ii)The said sum shall be paid on or before
04.11.2024.
(iii)The learned Trial Judge, after confirming that
the cost has been paid, shall grant an opportunity to the
1st defendant to cross examine the plaintiff on 05.11.2024.
Mr.Kempraj, as agreed, shall conclude his part of cross
examination on that day itself, i.e., 05.11.2024.
Mr.M.Mohamed Hasain assures that the plaintiff will be
present on that day.
(iv)The 1st defendant shall file his proof affidavit on
or before 12.11.2024. The plaintiff will be entitled to
cross examine the 1st defendant from 12.11.2024 to
06.12.2024.
(v)After hearing the arguments, the learned Trial
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Judge is requested to pronounce Judgment in the suit on
or before 20.12.2024.
(vi)In case of non payment of cost, the Civil
Revision Petition will automatically stand dismissed,
without any further notice to this Court.
15. With the above directions, the Civil Revision Petition is
allowed. Consequently, the connected miscellaneous petition is closed.
No costs.
24.10.2024
Index : Yes/No
Internet : Yes/No
kan
To
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The XIX Additional Judge,
City Civil Court,
Chennai.
V.LAKSHMINARAYANAN, J.
https://www.mhc.tn.gov.in/judis
kan
24.10.2024
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