ROYAL STAR HOLDINGS Vs. V. ANUPAMA

JUDGEMENT

(1.) Petitioners/defendants in O.S.No.6048/2017 on the file of XXVII Additional City Civil and Sessions Judge are before this Court questioning the correctness of the order dtd. 21/7/2023 by which the petitioners request to recall and re-open for further cross-examination of PW-1 under IA.Nos 13 and 14 are rejected.

(2.) Heard the learned counsel Sri.Vikhar Ahmed B. for the petitioners and learned counsel Sri. V.B.Shiva Kumar for the respondents/plaintiffs and perused writ petition papers.

(3.) Learned counsel for petitioners would submit that the suit by the respondents is for recovery of an amount of Rs.18,28,109.00 together with interest from the petitioners/defendants. Petitioners partly cross-examined PW-1 on 29/3/2022 and the matter was posted to 19/4/2022 for further cross-examination of PW-1. On 19/4/2022 the petitioners sought time to cross examination of PW-1 and the matter stood posted to 26/5/2022. On the said date, as the petitioners sought time for further cross-examination of PW-1, the trial Court closed the stage and posted the suit for defendants evidence. The petitioners/defendants filed IA.No.13 under Sec. 151 of CPC and IA.No.14 under Order 18 Rule 17 read with Sec. 151 of CPC to reopen and seeking permission to further cross examination of PW-1. Learned counsel would submit that the trial Court committed an error in rejecting the IAs. Learned counsel would submit that, IA for recall was filed on 8/7/2022 and under impugned order dtd. 21/7/2023, IAs are rejected. He submits that the plaintiff has produced more than 200 Exhibits and the petitioners needed some time to go through exhibits and cross examine PW-1. Learned counsel would submit that the petitioners pray for an opportunity to cross examine PW-1 and learned counsel Sri. Vikhar AHmed B. for the petitioners undertakes to complete cross examination within 2 dates.