P ANANDAN Vs. S SHIVARAJA

JUDGEMENT

(1.) Heard learned counsel Sri H.S.Dwarakanth for Sri Vivek M.S., learned counsel for the petitioner/defendant No.1 and Sri M.Erappa Reddy, learned counsel for caveators/respondents-1 and 2, plaintiffs before the trial Court in O.S.No.8484/2016.

(2.) The learned counsel for petitioner/defendant No.1 would submit that the suit is one for declaration, possession and damages. After completion of the plaintiffs' evidence, when the matter stood at the stage of defendants' evidence, defendant No.1-petitioner herein filed I.A.Nos.10 and 11 under Sec. 151 of CPC to recall the order dtd. 12/4/2023 closing the plaintiffs' side evidence and to reopen for cross-examination of PW1 and also an application under Order 18 Rule 17 read with Sec. 151 of CPC to reopen the plaintiffs' side evidence for further cross-examination.

(3.) Sri H.S.Dwarakanath, learned counsel for the petitioner would submit that the petitioner/defendant No.1 intends to further cross-examine PW1 on the procedural aspect fixed by the vendor of the plaintiffs on various acts at the time of execution of sale deed. It is submitted that the said aspect came to the knowledge of the defendant No.1 on conclusion of cross-examination of PW1. It is submitted that the trial Court is not justified in rejecting the applications, since defendant No.1 had filed applications seeking leave to further crossexamination of PW1 without much delay before commencement of defendants' evidence. It is submitted that if further cross- examination of PW1 is permitted, no prejudice would be caused to the plaintiffs.