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K. GOVINDARAJAN THILAKAVADI
P. Muthu – Appellant
Versus
A. K. Kaja Kamaludeen – Respondent
JUDGMENT
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India seeking to set aside the order passed in O.S.No.982 of 2012 dated 11.02.2020 on the file learned I Additional District Munsif Court, Trichy, expunging the portion of oral evidence of P.W.1 -A.K.Abdul Kareem, and allow the present civil revision petition.)
1. The revision petition is filed against the order passed by the learned I Additional District Munsif Court, Trichy in O.S.No.982 of 2012 dated 11.02.2020.
2. According to the revision petitioner, the order of the trial Court expunging the portion of oral evidence of P.W.1 is illegal. The revision petitioner would further submit that the petitioner has only stated that his grandfather was inducted as a tenant by one Kajamain Rawthar and he was a tenant under Kaja Kamaludeen. However, the trial Court has erroneously held that the petitioner has admitted that he was in dural relation ship and erroneously held that the petitioner is a tenant under Kaja Kamaludeen and therefore, he cannot put questions about non-joinder of the legal heirs of Kajamain Rowther is fatal. He would further submit that the specific stand taken by the petitioner is t
The main legal point established in the judgment is that oral evidence should not be struck off at the initial stage and should be considered on merits at the time of final hearing, in accordance wit....
The fundamental principle of law of evidence that a witness proposed to be examined should not be present in the Court during the cross-examination of another witness, and the trial court's obligatio....
The Court ruled that reopening witness evidence for cross-examination under CPC Order XVIII Rule 17 is permissible only to clarify ambiguities, not to fill evidence gaps after closure, and subsequent....
The admissibility of evidence is based on the relevance to the facts in issue or the relevant facts, as per the Indian Evidence Act.
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