G. CHANDRASHEKAR Vs. G. NAMITHA

JUDGEMENT

(1.) The petitioner/defendant No.1 in O.S.No.3359/2008 on the file of the City Civil Judge at Bangalore is before this Court under Article 227 of the Constitution of India, questioning the order dtd. 18/8/2021, by which, the trial Court has taken "no further cross-examination of P.W.1" and posted the suit for defendant's evidence; order dtd. 21/3/2023 rejecting I.A filed under Order XI Rule 14 of CPC and order dtd. 7/7/2023 rejecting the application filed under Sec. 151 of CPC and under order XVIII Rule 17 of CPC to re-open and recall P.W.1 for further cross- examination.

(2.) Heard learned counsel Sri.P.D.Surana for petitioner/defendant No.1 and learned counsel Sri.Harshavardhan B Sharma for Sri.Girikumar, learned counsel for respondents/plaintiffs 1 and 2. Perused the writ petition papers.

(3.) Learned counsel for the petitioner/defendant No.1 Sri.P.D.Surana submits that the trial Court committed an error in rejecting the applications filed by the petitioner for re-opening and recalling P.W.1 for further cross- examination and also rejecting I.A. filed under Order XI Rule 14 of CPC directing the plaintiffs to produce documents listed therein. Learned counsel would further submit that though the cross-examination of P.W.1 commenced prior to Covid-19, during Covid period, no progress could be made by cross-examining P.W.1. Learned counsel would submit that though the trial Court recalled P.W.1 and granted an opportunity to cross- examine, the petitioner/defendant No.1 could not cross- examine P.W.1 as the documents listed in the I.A. filed under Order XI Rule 14 of CPC were yet to be produced. Learned counsel would submit that the cross-examination became difficult due to non-availability of documents such as Will and other documents stated therein. Thus, learned counsel Sri.P.D.Surana prays for an opportunity to further cross-examination of P.W.1 and he undertakes to complete the cross-examination of P.W.1 in 2 or 3 dates within 15 days and also submits that this Court can put defendant No.1/petitioner herein on terms. Thus, he prays for allowing the writ petition.