COMMON ORDER:

Since the Civil Revision Petitions arising out of common order, this Court deems it appropriate to dispose of these Civil Revision Petitions by way of a Common Order.

2. Aggrieved by the common order dated 28.01.2025 passed in Interlocutory Application Nos.168 and 169 of 2023 in Original Suit No.25 of 2009 on the file of the Court of Senior Civil Judge, Kavali, SPSR Nellore District, whereby the applications filed to re-open the suit and to recall P.W.1 for the purpose of further cross-examination were allowed, the present Civil Revision Petitions are filed under Article 227 of the Constitution of India.

3. The facts of the case that led to filing of the present Civil Revision Petitions are as follows:

i) The petitioner herein is the plaintiff and respondent herein is the defendant in O.S.No.25 of 2009 on the file of the Court of Senior Civil Judge, Kavali.

ii) The petitioner herein filed the suit for specific performance of agreement of sale dated 14.10.2006. The said suit was decreed by judgment and decree dated 30.12.2022. Aggrieved thereby, the defendant preferred an appeal in A.S.No.29 of 2018 before the Principal District Judge, Nellore. The Principal District Judge, Nellore by judgment and decree dated 25.02.2022, partly allowed the appeal without costs setting aside the judgment and decree dated 30.12.2017 and remanded the matter to the trial Court with a direction to dispose of the suit afresh by providing an opportunity to both parties to lead further evidence by giving finding in respect of admissibility of Ex.A1 sale agreement in respect of stamp duty etc with a further direction to dispose of the suit within a period of three months.

iii) Pursuant thereto, the agreement of sale was sent for impounding to the District Registrar of Assurance, SPSR Nellore District. The said authority, by order dated 12.12.2022, directed payment of deficit stamp duty and penalty, which was accordingly paid by the plaintiff. Thereafter the trial Court posted the suit for arguments.

iv) At this stage, the defendant filed I.A.Nos.168 and 169 of 2023 under Order XVIII Rule 17 read with Section 151 CPC seeking to reopen the suit and recall P.W.1 for further cross examination on the aspects of the plaintiff’s financial capacity for purchasing the plaint schedule property, passing of consideration, possession and enjoyment of the property and the non-issuance of legal notice prior to filing of the suit. A counter has been filed opposing the applications contending that there is no need to reopen and recall P.W.1 and prayed to dismiss the said applications.

v) After hearing both parties, the trial Court, by way of common docket order dated 28.01.2025, allowed the said Interlocutory Applications. Aggrieved by the said common order, the plaintiff has filed the present Civil Revision Petitions.

4. Heard Sri Siva Prasad Reddy Venati, learned counsel for the petitioner and Sri Chetan Ponnuru, learned counsel for the respondent.

5. Learned counsel for the petitioner, in elaboration to what has been stated in the grounds of revisions and the counter affidavit filed before the trial Court, submitted that as the respondent/defendant had reported no further evidence, the matter was posted for arguments. The interlocutory applications were filed at the belated stage seeking to reopen the suit and recall P.W.1 for further cross examination. He further contended that the trial Court erroneously entertained and allowed the said applications. He further contended that the trial Court failed to consider that the defendant did not furnish any valid or satisfactory reasons for not cross examine P.W.1 on the aspects now sought to be raised at the earliest point of time. A mere statement that, upon perusal of the evidence of P.W.1, the defendant came to know that he failed to cross examine with regard to points of capacity of P.W.1 for purchase of plaint schedule property, passing consideration, possession and enjoyment of P.W.1 of the plaint