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K. GOVINDARAJAN THILAKAVADI
P. Rajasekar – Appellant
Versus
P. Subramanian – Respondent
ORDER :
(K. Govindarajan Thilakavadi, J.)
(Common Prayer : These Civil Revision Petitions filed under Article 227 of the Constitution of India, to set aside the fair and decreetal orders dated 02.02.2023 passed in I.A.Nos.10 & 11 of 2022 in O.S.No.55 of 2016 on the file of the Sub Court, Thuraiyur.)
By this common order, both these Civil Revision Petitions are being disposed of.
2. Both these Civil Revision Petitions have been filed by the petitioner as against the impugned orders dated 02.02.2023 passed in I.A.Nos.10 & 11 of 2022 in O.S.No.55 of 2016 on the file of the Sub Court, Thuraiyur.
3. The petitioner is the second defendant in the suit in O.S.No.55 of 2016. The said suit in O.S.No.55 of 2016 was filed by the respondent/plaintiff for partition. After the evidence on the side of the respondent/plaintiff was closed, the petitioner/second defendant filed I.A.Nos.10 & 11 of 2022 to reopen the evidence on the side of the plaintiff and recall P.W.1 for further cross examination with regard to the entries in Accounts Books maintained by the deceased first defendant, namely the father of the parties. The said I.As. were dismissed by the Trial Court vide impugned orders dated 02.02.20
The court established that under the Code of Civil Procedure, the power to reopen evidence and recall witnesses is essential for ensuring a fair trial and can be exercised at any stage of the proceed....
The reopening of evidence and recalling of witnesses must not be used to fill gaps in previously recorded testimony, and parties cannot introduce evidence that contradicts their earlier admissions.
The court emphasized that allowing repeated cross-examination without valid reasons would cause hardship to the witnesses and that petitions filed at a belated stage without merits would not be consi....
Reopening evidence or recalling witnesses post-trial requires compelling justification; mere intent to fill evidential gaps is insufficient.
There is no infirmity or illegality in the order under challenge.
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