BATTU DEVANAND
Shaik John Bi – Appellant
Versus
Kota Jagadeeswari – Respondent
ORDER :
These Civil Revision Petitions have been filed aggrieved by the order, dated 31.03.2022 in I.A.Nos.287 and 288 of 2021 in O.S.No.671 of 2014 on the file of the IV Additional Senior Civil Judge, Guntur.
2) The above two Revision Petitions are filed by the petitioners in the same suit and as such this Court is inclined to pass common order.
3) Heard Sri K. Jyothi Prasad, the learned counsel for the petitioners and perused the record.
4) The Petitioners are the defendants and the Respondents are the plaintiff Nos. 1 and 2 and the Defendant No.4 in O.S.No.671 of 2014, on the file of IV Additional Senior Civil Judge, Guntur.
5) The case of the petitioners is that the respondent Nos. 1 and 2 filed a suit in O.S.No.671 of 2014 for partition against the petitioners and Respondent No.3. Thereafter, the petitioners filed I.A.No.287 & 288 of 2021 to reopen the matter and to recall Pws. 1 to 5 for further cross examination. The trial Court, on erroneous consideration of the facts, dismissed the said Petitions. Aggrieved by the said orders, the present Civil Revision Petitions have been filed.
6) Learned counsel for the petitioners contends that the trial Court erred in dismissing the petitio
The court emphasized that allowing repeated cross-examination without valid reasons would cause hardship to the witnesses and that petitions filed at a belated stage without merits would not be consi....
The court established that under the Code of Civil Procedure, the power to reopen evidence and recall witnesses is essential for ensuring a fair trial and can be exercised at any stage of the proceed....
There is no infirmity or illegality in the order under challenge.
Reopening evidence or recalling witnesses post-trial requires compelling justification; mere intent to fill evidential gaps is insufficient.
The power to recall a witness under Order 18 Rule 17 is intended to clarify any issue or doubt, not for further examination or to place additional evidence. The power should be used sparingly and not....
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