CRP.No.3853 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.10.2023

CORAM :

THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI

C.R.P.No.3853 of 2023

and

CMP.No.23815 of 2023

---

J.Malini

... Petitioner

Versus

1. J.Anandan

2. Hemamalini

...Respondents

Civil Revision Petition filed Under Article 227 of Constitution of

India, praying to allow the above the Civil Revision Petition by setting

aside the fair order and decreetal order dated 26.09.2023 passed in I.A.No.3

of 2023 in O.S.No.1903 of 2018 passed by the XV Assistant City Civil

Judge, Chennai in so far as imposing costs is concerned.

For Petitioner

: Mr.B.Hari Krishnan

O R D E R

The petitioner has filed this petition to set aside the order dated

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CRP.No.3853 of 2023

26.09.2023, passed in I.A.No.3 of 2023 in O.S.No.1903 of 2018, by the

learned XV Assistant City Civil Judge, Chennai in so far as imposing costs

is concerned.

2. Before the trial court he filed a suit for the relief of permanent

injunction and not to cause any interference, with the common passage. The

defendant also appeared and filed the written statement. Now the trial has

begun and the evidence of the plaintiff is recorded. The case was posted for

the evidence of DW1, as the witness had not appeared. Plaintiff's evidence

was closed and posted for DW1 evidence. The matter was adjourned

thereafter, to cross examine DW1.The plaintiff cross-examined D.W.1 in

part and needed time to further cross examin DW1. But without giving

opportunity, the evidence of the witnesses was closed with given

particulars.

3. The petitioner filed I.A.No.3 of 2023 in O.S.No.1903 of 2018 and

the same was allowed by the learned trial Judge, on payment of Rs.5,000/-

on or before 12.10.2023 and the matter was posted on 10.10.2023. The

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CRP.No.3853 of 2023

plaintiff filed a memo before the trial Court stating that she has preferred

CRP. But without considering the same, as the costs were not paid, the trial

Court closed the evidence. Now the case is posted for arguments. He further

submitted that as a plaintiff is aged about 60 years, she needs further cross

examination of D.W.1 and sought time one more adjournment for further

cross. But the same was not considered by the learned trial Judge.

4. On a perusal of record, it is seen that, the suit was filed in the year

2015 against the defendants. Now the suit is ripe for trial and the plaintiff's

evidence was closed. Further cross examination of D.W.1 was not granted

by the learned trial Judge stating that case was posted on 08.08.2023 for

cross examination of DW.1 and without giving one more opportunity the

evidence was closed and the case was posted for arguments on 16.10.2023.

5. Admittedly, the plaintiff is an old lady aged about 60 years, and she

needs some more time to cross examin DW.1 and the same would have been

considered by the learned trial Judge, as no prejudice would be caused to

the defendants. If opportunity is not given to the plaintiff to cross examine

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CRP.No.3853 of 2023

DW.1 before the trial Court her valuable right will be defeated, and during

the pendency of the CRP, the evidence was also closed and the case was

posted for arguments, which shows that the learned trial Judge posted the

matter for arguments in a hurried manner.

6.Therefore, the findings of the learned trial Judge is set aside and the

defendant is directed to co-operate for the proceedings. Considering that the

plaintiff is a senior citizen, she may be permitted to cross examine DW1

without paying costs.

7. Accordingly, Civil Revision Petition is allowed. Consequently

connected Miscellaneous petition is closed. No costs.

18.10.2023

Index : Yes/No

Speaking/Non Speaking order

Neutral Citation: Yes/No

rri

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CRP.No.3853 of 2023

To

1.The XV Assistant City Civil Court, Chennai.