R.SUBRAMANIAN
Shakeela Asraf – Appellant
Versus
Sudhakar – Respondent
JUDGMENT :
R. SUBRAMANIAN, J.
1. The Plaintiff in O.S. No. 124 of 2009 is the Revision Petitioner. Challenge in these Revisions is to the Common Order made in I.A. Nos. 402 and 403 of 2013, dated 14.2.2014. These two Applications were filed by the Plaintiff seeking re-opening of the case and to recall PW-1 for the purpose of cross-examination by the Defendant.
2. The Suit is one for recovery of money based on a Promissory Note. The Defendant denied the borrowal as well as execution of the Promissory Note. The Plaintiff was examined as PW-1 on 12.4.2012 and Exts. A1 to A3 were marked. At that juncture, the Defendant came up with an Application to refer the document to an Expert for opinion on the signature of the Defendant. Cross-examination of the Plaintiff was deferred in view of the pendency of the said Application for reference of the document to the Handwriting Expert. Thereafter, the Suit was posted for cross-examination of PW-1. PW-1 did not appear for three hearings and hence, the Court closed the evidence of PW-1 and posted the Suit for further evidence on the side of the Plaintiff. One of the Attestors of the Promissory Note was examined as PW-2. Thereafter, the Defendant was
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