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D. BHARATHA CHAKRAVARTHY
Leela Devi (Died) S. Madhu – Appellant
Versus
Ramaraj Raja – Respondent
ORDER :
Prayer: This Civil Miscellaneous Appeal is filed under Article 227 of Constitution of India to set aside the fair and decreetal order dated 08.02.2023 in I.A. No. 5 of 2023 in O.S. No. 47 of 2013 on the file of the District Munsif Court, Nanguneri, by allowing this Civil Revision Petition.
1. The Civil Revision Petition is filed against the fair and decreetal order of the learned District Munsif Court, Nanguneri, in I.A. No. 5 of 2023 in O.S. No. 47 of 2013.
2. The suit is for declaration and permanent injunction. Both side evidence was over. As a matter of fact, the plaintiffs' evidence was closed on 20.06.2022 and the defendant's evidence was closed on 04.11.2022 and the matter was listed for arguments on 14.11.2022 and thereafter for the second time on 24.11.2022. On 24.11.2022, the present I.A. No. 5 of 2023 was filed to reopen the plaintiff side evidence. The reason mentioned in the application is that the case of the plaintiff is that the plaintiff is enjoying the property by putting up fence and also by employing a watchman. The defendant has denied the same in the written statement and DW-1 also in his box has denied the possession of the plaintiff. Eventhough the plai
The court established that delays in civil proceedings do not necessarily bar the reopening of evidence if it serves the interests of justice.
The Court may allow amendment of pleadings at any stage of the proceedings for just decision of the case and to determine the real questions in controversy between the parties.
High Court's jurisdiction under Article 227 is to ensure subordinate courts act within their authority; amendments to pleadings must be sought in good faith and with due diligence.
A plaintiff not in possession must seek recovery of possession to maintain a suit for injunction; failure renders the suit non-maintainable.
The court may grant a final chance to a negligent plaintiff to adduce further evidence and cross-examine a witness, subject to payment of costs, to avoid multiplicity of proceedings and protect subst....
Parties must be given a fair opportunity to present their case, and courts should avoid unnecessarily prolonging proceedings.
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