C.R. JAYAPRAKASH Vs. S.G. SREERANGAMMA

JUDGEMENT

(1.) This petition by the plaintiff in O.S.No.7543/2014 is directed against impugned order 4/1/2021 passed on I.A.nos.VII, IX & X filed by the petitioner-plaintiff seeking permission to reopen the case, recall PW1 and to produce documents and adduce further evidence came to be rejected by the trial court.

(2.) The material on record discloses that petitioner plaintiff instituted the aforesaid suit against the respondents-defendants for declaration, permanent injunction and other reliefs in relation to suit schedule immovable property and the said suit is being contested by the respondents-defendants. After the conclusion of trial and at the stage of arguments, the petitioner-plaintiff filed the instant application I.A.nos.VIII, IX and X seeking reopen of the case, permission to produce documents and to recall plaintiff (PW1) to adduce further evidence. The said applications having been opposed by the respondents-defendants, the trial court proceeded to pass the impugned order rejecting the applications on the ground that the same were filed for the purpose of filling up the lacunae in the evidence and the same was impermissible in law. Aggrieved by the impugned order passed by the trial court, the petitioner is before this court by way of the present petition. 2. A perusal of the material on record will indicate that though the petitioner had filed application at the stage of final arguments, having regard to the fact that the legality, validity, correctness, admissibility, proof, relevance, etc., of the said documents would necessarily have to be decided by the trial court at the stage of arguments and the respondents would have an opportunity to put forth their objections in this regard and also cross-examine PW1 and since no prejudice would be caused to the respondents-defendants, if one more opportunity is granted in favour of the petitioner, I deem it just and appropriate to set aside the impugned order and grant one more opportunity to the petitioner to adduce further evidence on the next date of hearing by keeping PW1 present without seeking adjournment under any circumstances whatsoever and by imposing cost of Rs.5,000.00 payable to the petitioner to the respondents. In the result, I pass the following:-