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B. S. BHANUMATHI
Bhupathiraju Rama Mohan Raju – Appellant
Versus
Vatsavi Venkata Satyanarayana Varma – Respondent
| Table of Content |
|---|
| 1. revision petitions filed against trial court orders. (Para 1 , 2 , 3 , 4) |
| 2. contentions regarding cross-examination and delays. (Para 5 , 6 , 7 , 8) |
| 3. need for expediency in trial due to party delays. (Para 9) |
| 4. order for case resolution and specified timelines. (Para 10) |
ORDER :
(B.S. Bhanumathi, J.)
These revision petitions are filed under Article 227 of the Constitution of India against the respective orders dated 06.12.2022 in I.A. No.479 of 2022 in I.A. No.6 of 2022 and in I.A. No.478 of 2022 in O.S. No.271 of 2018 on the file of the Court of Principal Senior Civil Judge, at Gajuwaka.
2. C.R.P. No.471 of 2023 is filed against the order dated 06.12.2022 dismissing the petition in I.A. No.479 of 2022 in I.A. No.6 of 0222 in O.S. No.271 of 2018 filed under Rule 9 of Order IX of the Code of Civil Procedure, 1908 (`CPC') by the 1st defendant to restore the petition in I.A. No.6 of 2022 which was filed for recalling PW1 for further cross-examination.
3. C.R.P. No.458 of 2023 is filed against the order dt.06.12.2022 dismissing the petition in I.A. No.478 of 2022 in O.S. No.271 of 2018 filed under Rule 17 of Order XVIII CPC by the 1st defendant to recall PWs2 to 4 for t
Restoration of petition – If there are any laches on part of parties, endeavour can be made to dispose of case on merits even by imposing costs, rather than disposing of case by taking evidence on on....
The trial Court's discretion to allow further cross-examination is valid unless proven perverse, ensuring fairness and expediency in legal proceedings.
The main legal point established in the judgment is that a party, after filing a separate written statement and pleading collusion and fraud, is entitled to cross-examine witnesses based on their wri....
The court allows a revision petition to facilitate a fair chance of cross-examination, emphasizing the importance of a proper defense.
The right to cross-examine is a substantive right that cannot be forfeited on mere technicalities, as its denial affects principles of natural justice.
There is no infirmity or illegality in the order under challenge.
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