SIDDARANGAIAH Vs. GANGARANGAIAH

JUDGEMENT

(1.) The plaintiff in O.S.No.162/2002 on the file of I Additional Senior Civil Judge, Tumakuru has filed this writ petition challenging an order dtd. 25/6/2024, by which, I.A.Nos.XXXII and XXXIII filed by him under Sec. 151 of Civil Procedure Code to recall the stage of the suit and Order XVIII Rule 17 of Civil Procedure Code to recall DW.1 for further cross-examination were rejected.

(2.) The suit in O.S.No.162/2009 was filed for partition and separate possession of plaintiff's share in the suit schedule property. The suit after contest was dismissed on 4/4/2016. Being aggrieved by the said judgment and decree, the plaintiff filed R.A.No.112/2016.

(3.) The Appellate Court remitted back the case to the Trial Court to render its finding on an issue framed by it. This order of remand was passed in the year 2020. The defendant No.2 was examined as DW.1 on 8/8/2022. Several opportunities were granted to the plaintiff to cross-examine DW.1. However, the plaintiff did not avail those opportunities. Hence, the Court took the evidence of DW.1 as 'nil' and posted the case for arguments.