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U. DURGA PRASAD RAO
Chunduru Srinivasa Rao – Appellant
Versus
G. Dhubagunta Dhanalakshmi – Respondent
ORDER :
The challenge in this CRP is to the order in I.A.No.50 of 2024 in O.S.No.852/2016 passed by the II Additional Civil Judge (Senior Division), Vijayawada dismissing the petition filed by the petitioners/defendant Nos.1, 2, 3 and 5 U/s 151 C.P.C to reopen the matter for cross-examination of PW.3.
2. The trial Court dismissed the petition on the main ground that earlier when the matter was posted for cross-examination of PW.3 on 07.11.2023, the defendants did not cross-examine official witness and hence their cross-examination was recorded as nil and thereafter the petitioners did not file any petition to re-open and re-call PW.3 immediately but they filed IAs belatedly only to protract the matter and suit is of the year 2016 and therefore there were no bona fides in the petition. 3. Heard arguments of learned counsel for petitioner Sri Challa Ajay Kumar and learned counsel for respondents Sri Josyula Bhaskara Rao. 4. It is seen that O.S.No.852/2016 was filed by the plaintiff seeking permanent injunction in respect of plaint schedule property which is said to be asbestos roofed shed in an extent of 3199.80 Sq. Yds. of site situated within the limits of Vijayawada Municipal Corpor
The right to cross-examine witnesses is essential for a fair trial, and courts should allow reopening of cases when significant rights are at stake.
Permitting recall of witness for cross-examination on title issues post-trial closure, conditionally with costs to balance justice and delay.
The court balanced equities and granted a final opportunity to the defendants to cross-examine PW3, subject to conditions, despite not approving their conduct.
The court reiterated that reopening evidence requires sufficient grounds, and prior adequate opportunity was deemed sufficient.
Trial court's discretionary recall of witnesses under Order 18 Rule 17 CPC upheld for procedural fairness despite delay, subject to costs.
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