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1998 Supreme(Mad) 166

M.KARPAGAVINAYAGAM
S. S. S. Durai Pandian – Appellant
Versus
S. A. Samuthira Pandian. – Respondent


Appearing Advocates:A. Sivaji, N. Damodaran, Sivaraman, Advocates.

Judgment :-

The Order of the Court was as follows :

The question posed in this civil revision petition is this : Can the plaintiff be recalled for cross-examination, on the application field by the defendant under Order 18, Rule 17 of the Code of Civil Procedure.

2. The facts are these : The respondent herein, the plaintiff filed a suit in O.S. No. 122 of 1996 on the file of the Subordinate Court, Virudhunagar for the recovery of the amount against the defendant/petitioner. After examination of the witnesses on the side of the plaintiff/respondent the defendant/petitioner was examined as D.W. 1. During the course of cross-examination the counsel for the plaintiff marked Exs. A2 to A4 through D.W. 1. D.W. I admitted that he was the author of those documents.

3. Immediately thereafter, the petitioner filed a petition in I.A. No. 350 of 1997 before the trial Court under Order 18, Rule 17 of the Code of Civil Procedure requesting the Court to recall P.W. 1 the plaintiff/respondent, to enable him to cross-examine P.W. 1 with reference to those documents which were marked through the defendant/petitioner.

4. This was resisted by the plaintiff, the respondent herein contending that the petiti







































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