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2006 Supreme(Mad) 200

C.NAGAPPAN
Central Bank of India, Branch at Krishnagiri, rep. by its Branch Manager, Krishnagiri – Appellant
Versus
Rama Granites, rep. by its Sole Proprietor – Respondent


Advocates Appeared:For the Petitioner:F.B. Benjamin George, Advocate. For the Respondent:V. Raghavachari, Advocate.

Judgment :-

1. The petitioner has sought for setting aside the Order dated 16.7.2004 made in I.A. No.30 of 2004 in O.S. No.19 of 2004 on the file of I Additional District Judge, Krishnagiri. The revision petitioner is the plaintiff in the suit.

2. The petitioner herein has filed the suit for recovery of a sum of Rs.7,40,628 with subsequent interest from the respondent/defendant and it filed an Interlocutory Application in I.A. No.30 of 2004 under Section 151, C.P.C. to reopen the suit and permit the petitioner/plaintiff to examine one Vijaya Kumar, Former Manager, as witness on its side and that application was opposed and the trial Court dismissed the application and challenging the same, the present revision is preferred.

3. Heard the learned counsel for the petitioner as well as the respondent.

4. The trial Court has dismissed the application on two grounds. The first ground is that on deletion of Order 18, Rule 11-A, C.P.C., which provided for leading of additional evidence, the party cannot lead additional evidence. The other ground is that the petitioner has not shown that the additional evidence was not within its knowledge or could not be produced at the time when it led the e




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