CM(M) 415/2017

1. The petitioners have invoked the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India paying for setting aside the order dated 13th February, 2017 passed by the learned Trial Court in Civil Suit No.611896/16.

2. Vide impugned order dated 13th February, 2017, the application under Section 151 of Code of Civil Procedure filed by the petitioners (who are defendants No.1 and 2 in Civil Suit No.611896/16) has been dismissed by the learned Trial Court observing that the application under Order IX Rule 7 CPC filed by the petitioners/defendants No.1 and 2 has already been dismissed and the order has attained finality. Learned Trial Court has also noted that the matter was remanded by the Hon'ble Supreme Court vide order dated 7th October, 2009 passed in SLP No.30142/2008 and the Trial Court cannot go beyond the terms of the order of Supreme Court. The matter was remanded at the stage of final arguments with the direction to dispose of the matter expeditiously. The Trial Court has noted that allowing such application for recalling PW-1 for cross examination would have the effect of re-opening the case and delay the matter.

3. Mr. A