Ext.P6 order allowing an application to recall PWs 1 to 6 to cross- examine them is under challenge in this original petition.

2. The petitioners are the plaintiffs and the respondents are the defendants in O.S.No.29 of 2021 on the files of Sub Court, Devikulam (for short, 'the trial court').

3. On the side of plaintiffs, PWs 1 to 6 were examined, but the defendants did not cross-examine them. Hence, the 1st defendant filed I.A.No.17/2023 to recall PWs 1 to 6 so as to cross-examine them. The trial court as per Ext.P6 order allowed that application. It is challenging the said order, this original petition has been filed.

4. I have heard both sides.

Ext.P4 is the application filed to recall the witnesses. The trial court has the power to recall any witness already examined at any stage of the suit. It is a case where when the suit was scheduled for trial, the 1st defendant filed applications to remove the case from the list on the ground that he was at UK.

The said application was dismissed and the trial was proceeded with.

According to the 1st defendant, thereafter he came down to India to participate in the proceedings. In the meanwhile, PWs 1 to 6 were examined. It was in these