BOMMAIAH K.H. SINCE DECEASED REP. BY HIS LEGAL HEIRS SMT.YASHODA W/O. LATE BOMMAIAH K.H. AND KUMARI MAMATHA B. D/O LATE K.H. BOMMAIAH REP. BY HER NATURAL GUARDIAN MOTHER SMT. YASHODA Vs. SRI S. GOPAL S/O. SEENAPPA

JUDGEMENT

(1.) DEFENDANTS in O.S.1516/2004 on the file of the 19th Addl. City Civil and Sessions Judge, Bangalore, aggrieved by the order dt. 29.11.2010 rejecting IA -6 and IA -7 under Section 151 Code of Civil Procedure and under Order 18 Rule 17 Code of Civil Procedure have presented these petitions.

(2.) IN the suit instituted by the Respondent for recovery of money, the Respondent was examined as PW -1 and was cross -examined on 8.1.2010 while PW -2 when examined was cross -examined on 3.11.2010 and on the closure of the side of the Plaintiff, the Petitioners -Defendants entered trial, examined legal representative of 1st Defendant - the 1st Petitioner herein as DW -1, on whose cross -examination the Defendants closed their side and the suit was posted for arguments. At that stage, the Petitioners filed IA -6 under Section 151 Code of Civil Procedure to re -open the case and IA -7 under Order 13 Rule 17 Code of Civil Procedure to recall PW1 for further cross -examination. These applications were opposed by filing statement of objections of the Plaintiff -Respondent interalia contending that PWs 1 and 2 were cross -examined at length and the suit being for recovery of money, the applications filed at the belated stage were not meritorious.

(3.) IN my opinion, no exception can be taken to the reasons, findings and conclusions arrived at by the court below in the order impugned calling for interference.