Recall and cross-examination of a witness by a defendant at a belated stage can be permitted by the Revisional Court, subject to the payment of costs to the respondent to compensate for procedural delays.

Prayer in C.R.P.No.5344 of 2025 : Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the fair and decretal order dated 10.09.2025 passed in I.A.No.1 of 2025 in O.S.No.228 of 2021 on the file of the Court of Subordinate Judge at Alandur (“Impugned order”).

Prayer in C.R.P.No.5346 of 2025 : Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the fair and decretal order dated 20.08.2025 passed in I.A.No.2 of 2025 in O.S.No.228 of 2021 on the file of the Court of Subordinate Judge at Alandur (“Impugned order”).

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COMMON ORDER

These Civil Revision Petitions have been filed challenging the impugned orders, dated 10.09.2025 and 20.08.2025 respectively passed by the Sub Court, Alandur, in I.A.Nos.1 and 2 of 2025 in O.S.No.228 of 2021.

2. In the aforesaid orders, the petitioners, who are the defendants in the suit in O.S.No.228 of 2021, have filed interlocutory applications in I.A.Nos.1 and 2 of 2025 on the file of Sub Court, Alandur, seeking to reopen and recall the P.W.1. The said applications were dismissed by the trial court. Aggrieved by the same, these revisions have been filed.

3. Learned counsel for the 1st respondent, who is appearing through Video Conferencing, has stated no objection for allowing these revisions, thereby directing the trial court to recall P.W.1 and permit the petitioners to cross-examine P.W.1. However, he would submit that costs will have to be paid by the petitioners for allowing the said interlocutory applications.

4. Since the interlocutory applications were filed by the petitioners/defendants at such a belated stage, necessarily, costs will have to be imposed by this Court on the petitioners.

5. Learned counsel for the petitioners has also not raised any serious objection, if nominal costs is directed to be paid by the petitioners to the respondents.

6. Accordingly, after recording the no objection stated by the learned counsel for the 1st respondent, these Civil Revision Petitions are allowed and the impugned orders, dated 10.09.2025 and 20.08.2025 respectively passed in I.A.Nos.1 and 2 of 2025 in O.S.No.228 of 2021 are set aside, on condition that the petitioners shall pay a sum of Rs.5,000/- as costs to the respondents on or before 25.06.2026, failing which, these Civil Revision Petitions shall stand automatically dismissed. On payment of the costs fixed by this Court by the petitioners, the trial court, namely the Sub Court, Alandur, shall permit the reopening of P.W.1 and permit the petitioners to cross-examine P.W.1. Further, the trial court is directed to dispose of the main suit in O.S.No.228 of 2021, within a period of six (6) months from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petitions are closed.

11.06.2026

Index : Yes / No

Speaking order / Non-speaking order

Neutral Citation Case : Yes/No

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