C.R.P(MD).No.781 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 06.04.2022

CORAM:

THE HONOURABLE MRS. JUSTICE S.ANANTHI

C.R.P(MD).No.781 of 2022

and

C.M.P.(MD)No.3138 of 2022

Rajesh Kannan

...Petitioner/Petitioner/

Defendant

Vs.

Santhana Lakshmi

...Respondent/Respondent/

Plaintiff

PRAYER : This Civil Revision Petition is filed under Section 227 of

the Constitution of India, to set aside the fair and decreetal order

dated 17.02.2022 made in I.A.No.16 of 2022 in O.S.No.96 of 2012 on

the file of the learned Additional Sub Judge, Pudukkottai.

For Petitioner

: Mr.S.I.Muthiah

O R D E R

This Civil Revision Petition has been filed to set aside the

fair and decreetal order dated 17.02.2022 made in I.A.No.16 of 2022

in O.S.No.96 of 2012 by the learned Additional Sub Judge,

Pudukkottai.

2.The learned counsel for the petitioner submitted that

P.W.1 and P.W.2 was examined and they were cross-examined by the

first defendant in the suit only on 18.11.2021. The petitioner

being the second defendant in the suit filed a petition to recall

P.W.1 and P.W.2 for cross-examination. But the same was dismissed

by the Court below by stating that the petition was filed the

petitioner after one year from the date of examination of the

plaintiff's side witnesses in chief. However, the suit was posted

only on 25.11.2021 for the defendants' side evidence and closed on

14.02.2022 only. The time granted for evidence of the defendants is

a very short span of time. Hence, he filed this civil revision

petition.

3.Heard the learned counsel for the petitioner. Considering

the nature of relief to be granted, issuance notice to the

respondent is dispensed with.

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C.R.P(MD).No.781 of 2022

4.On a perusal of records, it is seen that P.W.1 and P.W.2

were cross-examined by the first defendant on 18.11.2021. Whether

the revision petitioner/second defendant cross-examined P.W.1 and

P.W.2 is not whisper in the 'B' diary. The revision petitioner

being the bonafide purchaser filed a petition to recall the

plaintiff's side witnesses for cross-examination. Since the revision

petitioner is the subsequent purchase, one more opportunity should

be given to him to cross-examine the plaintiff's side witnesses.

Hence, the learned Additional Sub Judge, Pudukkottai is directed to

give one more opportunity to the revision petitioner to recall and

cross-examine P.W.1 and P.W.2, as per law.

5.In the result, this Civil Revision Petition is allowed and

the order passed in I.A.No.16 of 2022 in O.S.No.96 of 2012, dated

17.02.2022 by the learned Additional District Judge, Pudukkottai is

set aside. No costs. Consequently, connected miscellaneous

petition is closed.

Sd/-

Assistant Registrar (RTI)

// True Copy //

/ /2022

Sub Assistant Registrar(CS)

ias

To:

The Additional Subordinate Judge,

Pudukkottai.

+1 CC to M/s.K.C. MANIYARASU, Advocate ( SR-16929[F] dated

06/04/2022 )

C.R.P(MD).No.781 of 2022

06.04.2022

RK(19/04/2022) 2P 3C

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