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2023 Supreme(Kar) 1257
KARNATAKA HIGH COURT
S.G. PANDIT, J.
P. Anandan – Petitioner
Versus
S. Shivaraja – Respondent
Writ Petition No.20253 of 2023 (GM-CPC)
Decided On : 13-09-2023
For the Petitioner: Mr. Vivek M.S.
For the Respondent: Mr. M. Erappa Reddy.
Headnote:(A) Code of Civil Procedure, 1908 - Section 151 - Order 18 Rule 17 - Writ petition seeking to reopen the case for further cross-examination of a witness after plaintiffs' evidence closed - The trial Court's refusal to allow further cross-examination was challenged - The court emphasized the importance of ensuring a fair hearing and the necessity to allow the party the opportunity to present their case fully without causing undue prejudice; additionally noted that the applications were made without delay and in good faith. (Paras 2, 3, 5)
Facts of the case:
The suit involves claims for declaration, possession, and damages, with the proceedings at the stage of the defendants' evidence. The petitioner sought to recall the closure of evidence and reopen for further cross-examination of a witness after discovering procedural issues related to the sale deed during the prior cross-examination.
Findings of Court:
The Court allowed the writ petition, set aside the prior order that rejected the applications for reopening the cross-examination, provided one more opportunity for the defendant to cross-examine the witness, and imposed costs for the inconvenience caused.
Issues: The main issues included whether the trial Court acted justifiably in rejecting the applications for further cross-examination and the implications of allowing such reopening on the plaintiffs' claims.
Ratio Decidendi: The court underlined that the principles of natural justice necessitate that a party should be given a fair opportunity to present evidence, especially when no significant prejudice would accrue to the opposing party.
Result: Writ petition allowed.
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. arguments regarding cross-examination. (Para 3 , 4) |
| 3. final order and conditions set by the court. (Para 5) |
ORDER :
(S.G. Pandit, J.)
Heard learned counsel Sri H.S.Dwarakanth for Sri Vivek M.S., learned counsel for the petitioner/defendant No.1 and Sri M.Erappa Reddy, learned counsel for caveators/respondents-1 and 2, plaintiffs before the trial Court in O.S.No.8484/2016.
2. The learned counsel for petitioner/defendant No.1 would submit that the suit is one for declaration, possession and damages. After completion of the plaintiffs' evidence, when the matter stood at the stage of defendants' evidence, defendant No.1-petitioner herein filed I.A.Nos.10 and 11 under Section 151 of CPC to recall the order dated 12.04.2023 closing the plaintiffs' side evidence and to reopen for cross-examination of PW1 and also an application under Order 18 Rule 17 read with Section 151 of CPC to reopen the plaintiffs' side evidence for further cross-examination.
3. Sri H.S.Dwarakanath, learned counsel for the petitioner would submit that the petitioner/defendant No.1 intends to further cross-examine PW1 on the procedural aspect fixed by the vendor of the plaintiffs on various acts at the time of execution of sale deed. It is submitted that the said aspect came to the knowledge of the defendant No.1 on conclusion of cross-examination of PW1. It is submitted that the trial Court is not justified in rejecting the applications, since defendant No.1 had filed applications seeking leave to further cross-examination of PW1 without much delay before commencement of defendants' evidence. It is submitted that if further cross-examination of PW1 is permitted, no prejudice would be caused to the plaintiffs.
4. Sri Erappa Reddy, learned counsel for respondents-1 and 2/plaintiffs would fairly submit that if defendant No.1 is ready to cross-examine PW1 on the next date of hearing itself, the Court could allow subject to other exceptions.
5. Taking note of the submission of the learned counsels for the parties and with an intention to provide one more opportunity to defendant No.1 to further cross-examine PW1, the following:
ORDER
i. The writ petition is allowed.
ii. The impugned order dated 19.08.2023 passed on I.A.Nos.10 and 11 in O.S.No.8484/2016 on the file of XLII Additional City Civil and Sessions Judge, Bengaluru (CCH-43) is set aside.
iii. The case is reopened to the stage of cross-examination of PW1 and defendant No.1 is permitted to further cross-examination of PW1.
iv. PW1 shall be present before the trial Court on the next date i.e., 14.09.2023.
v. Learned counsel Sri.H.S.Dwarakanath undertaken that defendant No.1 would complete cross-examination of PW1 on the same day.
vi. The petitioner herein/defendant No.1 shall pay costs of Rs.20,000/- to the plaintiffs-1 and 2 before commencement of cross-examination.
