R.D. SRINIVAS Vs. ASHALATHA VENKATESH

JUDGEMENT

(1.) The defendant No.1 in O.S.No.5888/2014 on the file of XL Additional City Civil and Sessions Judge, Bengaluru (henceforth referred to as 'Trial Court' for short) has filed this petition challenging an order dtd. 7/8/2024, by which, applications (I.A.Nos.1/2023 and 2/2023) filed by him under Sec. 151 of Civil Procedure Code and Order XVIII Rule 17 of Civil Procedure Code to recall the stage of suit and to recall PW.1 for crossexamination, respectively were rejected.

(2.) A suit in O.S.No.5888/2014 was filed for declaration and consequential reliefs. The suit was contested by the defendant No.1. The Trial Court framed issues and set down the case for evidence of the parties. The plaintiff was examined as PW.1 and despite grant of several opportunities, the defendant No.1 did not cross-examine PW.1. Therefore, the Trial Court took the cross-examination of PW.1 as 'nil' and posted the case for evidence of defendants. At that stage, the defendant No.1 filed I.A.No.1/2023 to recall the stage of the suit and I.A.No.2/2023 to recall PW.1 for cross-examination. The Trial Court in terms of the impugned order rejected the applications on the ground that the defendant No.1 despite granting adequate opportunities and despite imposition of fine, had failed to cross-examine PW.1.

(3.) Being aggrieved by the said order, the defendant No.1 is before this Court.