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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
Southern Wind Farms Ltd. – Appellant
Versus
Visalakshi – Respondent
| Table of Content |
|---|
| 1. challenge to orders in civil revision petitions. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding the need for cross-examination. (Para 7 , 11) |
| 3. court's rationale for granting cross-examination opportunity. (Para 8 , 9 , 12) |
| 4. liability determination between defendants; costs imposed. (Para 10 , 13) |
| 5. final directions and order of the court. (Para 14 , 15) |
ORDER :
V.LAKSHMINARAYANAN, J.
These civil revision petitions challenge the order passed by the learned Principal Commercial Court at Egmore, Chennai, in the applications filed to reopen the side of the defendant and to recall DW1. These 16 revisions arise out of 8 suits that were originally presented before this Court in the year 2009. All the suits were presented for recovery of money.
2. The common plea of the plaintiff(s) is that they had paid several sums of money to the first defendant for the supply, erection and commissioning of windmills by the said defendant. The first defendant received the amount but had did not proceed further. When the plaintiff(s) called upon the first defendant to refund the amount, it washed his hands off by stating that it had sold the business, lock, stock and barrel to the se
The court emphasized the necessity of a fair trial by allowing the second defendant to cross-examine the first defendant, asserting that the death of prior counsel should not hinder justice.
A party must be afforded a fair opportunity to cross-examine witnesses, especially when previous representation has become untenable due to counsel's death.
Trial court discretion to allow lis pendens purchaser cross-examination upheld under Order XVIII Rule 17 CPC, subject to costs and timelines.
A party may be permitted to recall a witness for cross-examination if circumstances change and it is essential for proper defense.
The court emphasized the necessity of cross-examination in civil proceedings for upholding the defendants' rights.
The cross-examination rights of parties in a trial must be preserved according to procedural rules, ensuring fairness in witness examination, which was violated in this case.
The court ruled that the recovery suit based on mortgage deeds is valid and falls under the Commercial Courts Act, as both parties engaged in a commercial transaction, with the suit being timely file....
Court can reopen evidence and recall a witness if the original schedule and opportunity for cross-examination were not effectively utilised due to non-availability of the witness.
The main legal point established in the judgment is that a party, after filing a separate written statement and pleading collusion and fraud, is entitled to cross-examine witnesses based on their wri....
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