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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MS.JUSTICE P.T.ASHA, J
Elango – Appellant
Versus
Kalaiselvan – Respondent
ORDER :
(P.T. ASHA, J.)
The defendants 1 and 2 are the revision petitioners before this Court. They seek to challenge the order dated 08.11.2024 in I.A.No.266 of 2023 in O.S.No.242 of 2017 in and by which their application to reopen the evidence on the side of the defendants 1 and 2 has been rejected.
2.The facts are set out briefly herein below:-
The plaintiffs had filed the suit O.S.No.242 of 2017 on the file of the Sub Court, Cuddalore, seeking declaration of their title to the suit schedule property and for recovery of possession from the defendants and also to declare the Will dated 11.01.2010 as null and void ab-initio and non-est in the eyes of law. The suit property originally belonged to one Navaneethammal from whom the plaintiffs along with Lakshmiammal had purchased the property for a valuable consideration on 25.05.1994 under a registered sale deed. From the date of the purchase they have been in possession and enjoyment of the same. Meanwhile the defendants 1 and 3 had taken away the original sale deed from the second plaintiff on 25.05.1994 constraining second plaintiff to lodge a complaint against the defendants before the Thirupapuliyur Police Station. They had instigat
Parties must be given a fair opportunity to present their case, and courts should avoid unnecessarily prolonging proceedings.
Defendants entitled to adduce evidence in Will-based suit despite delays to ensure fair trial.
Defendants must comply with procedural requirements and take timely action to adduce evidence, failing which their plea to reopen evidence may be dismissed.
The inherent power of the court under Section 151 of CPC can be invoked to reopen evidence for the ends of justice, and the provisions of Order 18 Rule 17 CPC should be used to clarify ambiguities in....
Trial court discretion to allow lis pendens purchaser cross-examination upheld under Order XVIII Rule 17 CPC, subject to costs and timelines.
A trial court must reopen evidence to consider new documents that are crucial for determining the case, even if it is after arguments are concluded, to uphold the ends of justice.
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