The allowance of an application under Order 9 Rule 7 restores a party's right to cross-examine witnesses.

O R D E R

The plaintiff in O.S.No.4 of 2023 on the file of the District Munsif Court, Uthamapalayam, has filed the present Civil Revision Petition challenging the allowing of an application filed under Order 9 Rule 7 of C.P.C.

2. A perusal of the records reveal that when the suit was posted for cross examination of P.W.1 on two occasions, the defendants have not cross examined P.W.1 and therefore, they were set ex parte. Within time, an application was filed under Order 9 Rule 7 of C.P.C., to set aside the ex parte order. This application was allowed on payment of a cost of Rs.2,000/- (Rupees Two Thousand only). Cost has been paid as directed by the Court. Challenging the said order, the present Civil Revision Petition has been filed.

3. According to the learned counsel appearing for the revision petitioner, the trial Court has already held that P.W.1 can be cross examined, in view of the fact that the application filed under Order 9 Rule 7 of C.P.C., was allowed and in case, if the application under Order 9 Rule 7 of C.P.C., was not allowed, P.W.1 cannot be recalled.

4. Per contra, the learned counsel appearing for the respondents herein had contended that the defendants were set ex parte, when the suit was posted for cross examination of P.W.1, and therefore, when such an application is allowed, it is an automatic that they would be entitled to cross examine P.W.1.

5. Heard both sides and perused the materials available on record.

6. The very purpose of filing of an application under Order 9 Rule 7 of C.P.C., is only to restore the status of the parties to the stage on which they were set ex parte. In the present case, the defendants were set ex parte, when the suit was posted for cross examination of P.W.1. Therefore, when the application filed under Order 9 Rule 7 of C.P.C was allowed, it is automatic that the defendants would be entitled to cross examine P.W.1. Therefore, there is no illegality or infirmity in the order passed by the trial Court.

7. The defendants are directed to complete the cross examination of P.W.1 on the day on which she appears for cross examination. Considering the fact that the suit is of the year 2023, the trial Court is directed to dispose of the suit in O.S.No.4 of 2023 on or before 31.12.2025

8. With the above said observations, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous petition is closed.