Sufficient opportunity must be given to parties to prove their case to prevent denial of valuable rights.

ORDER

This Civil Revision Petition has been filed seeking to set aside the fair and decreetal order dated 07.01.2026 passed in IA No.5 of 2025 in OS No.230 of 2017 by the learned IV Additional District Judge, Ponneri.

2. The petitioner herein filed in IA No.5 of 2025 in OS No.230 of 2017 on the file of the IV Additional District Judge, Ponneri, under Section 151 CPC, seeking to reopen the plaintiff’s side evidence and to produce further Pws. Upon hearing both sides the Trial Court dismissed the application stating that the petitioner has filed this application in order to drag on the suit proceedings.

Challenging the same, the petitioner filed this Civil Revision Petition.

3. The learned counsel for the petitioner submits that earlier the petitioner has filed I.A No. 4 of 2023 seeking to reopen the petitioner’s side evidence and the same was allowed with cost. However, due to misunderstanding with previous counsel the petitioner has not able to proceed with the case. Thereafter, the petitioner engaged a new counsel, filed the application in I. A No. 5 of 2025 seeking to reopen the plaintiff’s side evidence for the purpose of examining material witnesses relating to the execution of the agreements and payment of sale consideration. However, without appreciating the necessity and relevance of the said evidence, dismissed the application. Hence, he prays to allow this Civil Revision Petition.

4. Heard the submission of the learned counsel for the petitioner.

5. On perusal of records, it is seen that the revision petitioner has filed the suit for the relief of specific performance and to prove the same the petitioner wanted to examine a witness to prove the agreement of sale. If the sufficient opportunity is not given to the petitioner his valuable right to prove the case will be defeated. However, the Trial Court failed to give such opportunity to the petitioner. Hence, the findings of the Trial court is set aside. This court is inclined to give one more opportunity to the petitioner. Accordingly, I.A No. 5 of of 2025 is allowed with cost of Rs.2,000/- payable to the respondents.

Further, the Trial Court is directed to give opportunity to both parties.

6. In the result, this Civil Revision Petition is allowed. Pending Miscellaneous petition, is closed.