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B. S. BHANUMATHI
Bhupathiraju Rama Mohan Raju – Appellant
Versus
Vatsavi Venkata Satyanarayana Varma – Respondent
ORDER (COMMON)
These revision petitions are filed under Article 227 of the Constitution of India against the respective orders dated 06.12.2022 in I.A. No.479 of 2022 in I.A. No.6 of 2022 and in I.A. No.478 of 2022 in O.S. No.271 of 2018 on the file of the Court of Principal Senior Civil Judge, at Gajuwaka.
2. C.R.P. No.471 of 2023 is filed against the order dated 06.12.2022 dismissing the petition in I.A. No.479 of 2022 in I.A. No.6 of 0222 in O.S. No.271 of 2018 filed under Rule 9 of Order IX of the Code of Civil Procedure, 1908 (‘CPC’) by the 1st defendant to restore the petition in I.A. No.6 of 2022 which was filed for recalling P.W.1 for further cross-examination.
3. C.R.P. No.458 of 2023 is filed against the order dt.06.12.2022 dismissing the petition in I.A. No.478 of 2022 in O.S. No.271 of 2018 filed under Rule 17 of Order XVIII CPC by the 1st defendant to recall P.Ws.2 to 4 for their cross-examination.
4. The revision petitioner is the 1st defendant, Respondent No.1 is the plaintiff. Respondents 2 and 3 are the defendants 2 and 3 in the O.S. No.271 of 2018. The 1st respondent/ plaintiff filed the suit against the revision petitioner/ 1st defendant and the respondents 2 and
Restoration of petition – If there are any laches on part of parties, endeavour can be made to dispose of case on merits even by imposing costs, rather than disposing of case by taking evidence on on....
The trial Court's discretion to allow further cross-examination is valid unless proven perverse, ensuring fairness and expediency in legal proceedings.
The right to cross-examine is a substantive right that cannot be forfeited on mere technicalities, as its denial affects principles of natural justice.
The court allows a revision petition to facilitate a fair chance of cross-examination, emphasizing the importance of a proper defense.
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....
The court established that failure to cross-examine witnesses can lead to ex-parte decrees, but such decrees can be set aside to allow a fair opportunity to litigants.
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....
There is no infirmity or illegality in the order under challenge.
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