Failure to timely submit additional witness lists justified dismissal of petition to reopen evidence.

JUDGMENT

The prayer in this original petition is to set aside Ext.P8 order dated 28.02.2026 in I.A.No.2 of 2026 in O.S.No.9 of 2020 on the file of the Additional Sub Court, North Paravur and for a direction to Additional Sub Judge, North Paravur to re-open the evidence on the side of the plaintiff, accept the additional witness list and permit the petitioner to examine the witnesses mentioned therein and also to complete the cross-examination of the PW1. The court considered the application and by a detailed order rejected the application for re-opening evidence. There is no prayer for recalling PW1 in Ext.P6 application. The application only seeks re-opening of evidence for examining additional witnesses. The court has hence rejected the prayer to recall PW1. Regarding the additional witnesses the court has found that the attempt is only to protract the case which had been directed by the High Court to be disposed of in a time bound manner. The time granted by the court is also due to end. The court has further found that between 03.01.2026 to 24.02.2026 while examining the other witnesses the petitioner had ample opportunity to file a second witness list, but no such steps were taken. The petitioner was well aware that this Court had directed a time bound disposal of the suit as early as on 09.10.2025. The review petition filed by the petitioner had been dismissed by Ext.P3 order dated 17.11.2025. As such, during the trial at least for one and a half months the petitioner had opportunity to file an additional witness list which was not done. The request has been made after the closing of the plaintiff’s evidence and posting of the case for defence evidence.

I do not find any legal infirmity in the order of the court below. The original petition fails and is dismissed.