PARUSHURAMA Vs. PUTTAMANAMMA

JUDGEMENT

(1.) This petition by plaintiff in O.S.No.2180/2010 on the file of II Addl. Civil Judge & JMFC, Mysuru is directed against the impugned common order on IA.no.XII and XIII filed by the petitioner - plaintiff under Sec. 151 of CPC to reopen the case and under Order XVIII Rule 17 of CPC to recall DW1 for cross-examination were rejected by the Trial Court.

(2.) Heard the learned counsel for the parties and also perused the material available on record.

(3.) The material on record discloses that the petitioner- plaintiff instituted the aforesaid suit for permanent injunction and other reliefs in relation to the suit schedule immovable properties. Respondent nos.4 to 7 who are arrayed as defendant nos.4 to 7 examined defendant no.6 as DW.1 and since the petitioner-plaintiff did not cross-examine him, the trial Court closed evidence of DW.1. Subsequently, the petitioner-plaintiff filed the instant applications seeking recall of DW.1 for cross-examination and for to reopen the case. Both the application having been rejected by the trial Court, the petitioners are before this Court by way of the present petition.