Trial court must provide equal opportunity for witness recall to both parties to protect defense rights.

COMMON ORDER

Challenging the impugned orders passed in I.A.Nos.10 and 11 of 2024 in O.S.No.3484 of 2018 by the learned XV Additional Judge, City Civil Court, Chennai, the Revision Petitioner/1^st defendant preferred these Civil Revision Petitions.

2. Before the trial court, the Revision Petitioner filed applications under Order XVIII Rule 17 and Sec.151 of C.P.C. to reopen and recall P.W.1 for further cross-examination. On hearing both sides, the trial judge has dismissed the applications holding that already sufficient opportunity was given to them and no reason was assigned to recall P.W.1 for further cross-examination.

Aggrieved over that, the present Civil Revision Petitions have been filed.

3. Today, when the matter was taken up for hearing, learned counsel for revision petitioner pointed out that before the trial court, the respondents/plaintiffs 2 and 3 have filed an application to recall themselves to submit some document and the same was considered by the trial judge in I.A.Nos. 13 and 14 of 2024, but the said opportunity was not given to the revision petitioner/1^st defendant to recall and reopen P.W.1 for further cross- examination as such is illegal. Hence, he prayed to set aside the findings of trial judge.

4. Despite service of notice, there is no representation on the side of respondents 2 and 3. On seeing the facts, it reveals that the revision petitioner filed applications in I.A.Nos.10 and 11 of 2024 to reopen and recall for further cross-examination of P.W.1. The same opportunity was given to the plaintiffs, while they have filed the applications for reopen and recall P.W.1. But the said opportunity was not given to the revision petitioner/1^st defendant to reopen and recall P.W.1 for further cross-examination. If such opportunity is not given, their valuable right to defend the case will be defeated. Therefore, in order to give one more opportunity, this court is inclined to set aside the findings rendered in I.A.Nos.10 and 11 of 2024 in O.S.No. 3484 of 2018 by the XV Additional Judge, City Civil Court, Chennai. Both parties are directed to cooperate with the trial proceedings. Accordingly, these Civil Revision Petitions are allowed. No costs. Consequently, connected civil miscellaneous petitions are closed. 18-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RPP To The XV Additional Judge, City Civil Court, Chennai.