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2020 Supreme(Kar) 1744
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
S.G. PANDIT, J.
SMT.JANABAI W/O DUNDAPPA SAPAKALE @ JADHAV - PETITIONERS
Versus
SHRI.DHONDIBA S/O BHIMA KADAGAVI - RESPONDENTS
WRIT PETITION Nos.117027-28/2020(GM-CPC), C/W WRIT PETITION No.113231/2019 & WRIT PETITION Nos.113386-388/2019, IN WRIT PETITION Nos.117027-28/2020
Decided On : 31-01-2020
For the Appellant :SMT . SMT SUNANDA P PATIL, ADVOCATE)
For the Respondents: SRI. PRASHANT MATHAPATI, ADV.
Opportunity for further examination of witnesses and production of additional documents to ensure proper adjudication of the issues involved in the suit.
Headnote:
Reopening of Case - Examination of Witnesses - Opportunity for Further Examination of PW2 and DW2
Fact of the Case:
The plaintiffs and defendants 2 and 4 were before the Court in writ petitions regarding the rejection of applications for further examination of witnesses and production of additional documents in a partition and separate possession suit.
Finding of the Court:
The Court set aside the impugned orders and allowed the applications filed by the plaintiffs and defendants 2 and 4, permitting further examination of PW2 and DW2, and the production of additional documents.
Issues: Rejection of applications for further examination of witnesses and production of additional documents under Order XVIII Rule 17 of CPC and Section 151 of CPC.
Ratio Decidendi: The Court found that both parties should be given an opportunity for further examination of witnesses and production of additional documents to ensure proper adjudication of the issues involved in the suit.
Final Decision: The writ petitions were disposed of, and the plaintiffs were permitted to further examine PW2, while defendants 2 and 4 were allowed to further examine DW2 and produce additional documents, subject to admissibility.
ORDER :
1. Both plaintiffs and defendants 2 and 4 in OS No.153/2010 on the file of the Principal Civil Judge and JMFC, Sankeshwar are before this Court in the above writ petitions.
2. WP No.117027-28/2020 is filed by the plaintiffs aggrieved by the order dated 10.1.2020 on rejection of their applications filed under Order XVIII Rule 17 of CPC and under Section 151 of CPC to reopen the suit for further examination of PW2. Whereas WP No.113231/2019 & WP Nos.113386-388/2019 are filed by the defendants 2 and 4 aggrieved by the order dated 23.8.2019 on rejection of IA filed under Order XVIII Rule 17 of CPC for further examination of DW2 and also on rejection of IA filed under Order VIII Rule1(A) of CPC seeking permission to produce additional documents.
3. Heard the learned counsels for both the parties.
4. Learned counsel for the plaintiffs submits that the suit is one for partition and separate possession. He further submits that the original plaintiff died during the pendency of the suit. Subsequently, PW2 was examined, but at the time of examination of PW2, certain documents were not available. Now the documents are available with the plaintiffs, as such they intend to further examine PW2.
5. Defendants 2 and 4 who are before this Court have no objection to allow the application filed by the plaintiffs for further examination of PW2. Similarly, defendants 2 and 4 are before this Court against the rejection of their applications to recall DW2 for further examination and rejection of their application for production of additional documents. According to the defendants 2 and 4, the documents sought to be produced are very much necessary for proper adjudication of the issue involved in the suit and therefore, he submits that further examination of DW2 is very much necessary. Learned counsel for the plaintiffs has no objection for further examination of DW2.
6. After hearing the learned counsels for the parties and on going through the material available on record, I am of the view that both parties are to be given an opportunity for further examination of PW2 and DW2. Accordingly, the impugned order dated 10.1.2020 on the applications filed by the plaintiffs under Order XVIII Rule 17 of CPC and under Section 151 of CPC and the order dated 23.08.2019 on the applications filed by the defendants 2 and 4 in OS No.153/2010 on the file of the Principal Civil Judge and JMFC, Sankeshwar are set-aside. The applications filed by the plaintiffs and the defendants 2 and 4 are allowed. The plaintiffs are permitted to further examine the PW2 by reopening the case. The defendants 2 and 4 are also permitted to further examine DW2 by reopening the case and to produce additional documents subject to admissibility.
7. Accordingly, the writ petitions are disposed of.
