RAJGOPAL & CO Vs. K N NARASIMHA MURTHY

JUDGEMENT

(1.) Petitioner is the plaintiff and the respondents are the defendants in OS No.6050/2005 on the file of the City Civil Court, Bangalore. Suit was filed on 10.8.2005 to direct the defendants to perform an agreement of sale dated 12.3.2003 and for grant of consequential reliefs. Suit having been contested by filing written statement, issues were raised and trial has taken place. When the suit was at the stage of final arguments, plaintiff filed IA Nos. 18 to 20 to re-open the case, to recall PW-1 for further examination in chief and for production of additional documents. The legal representatives of the defendants having opposed the applications, the trial court upon consideration of the record, finding no justification to grant reliefs prayed in the said applications, passed an order of dismissal dated 30.10.2012. Assailing the said order, these writ petitions have been filed.

(2.) Sri Vasanth V. Naik, learned counsel for the petitioner contended that the documents sought to be produced being relevant and important to prove the case of the plaintiff, the trial court is not justified in passing the impugned orders. Learned counsel further submitted that there is a mis-direction and an irrational act on the part of the learned trial judge and hence, interference in the matter is warranted.

(3.) Sri M.S. Raghavendra Prasad, learned counsel for the respondents, on the other hand supported the view taken by the trial court to dismiss IA Nos.18 to 20 vide order dated 30.10.12.