PRABHAKUMARI Vs. B.L. GEETHA AND ORS.

JUDGEMENT

(1.) IA .VII filed under Section 151; and IA.VIII filed under Order XVIII Rule 17 of the Code of Civil Procedure came to be allowed by order dated 22nd April 2014. Hence the petition.

(2.) THE leaned counsel appearing for the petitioner -plaintiff submits that the evidence of PW1 was fully cross -examined on 3rd December 2012 and after passing of the orders, the present application has been filed to recall for further cross -examination. He submits that after completion of cross -examination of PW1, it is not open for the party to file an application to recall for further cross -examination and such an attempt is only to drag on the proceedings. In support of his submissions, the learned counsel relied upon the judgment of Hon'ble Supreme Court in the case of M/S. BAGAI CONSTRUCTION THR. ITS PROPRIETOR LALID BAGAI v. M/S. GUPTA BUILDING MATERIAL STORE reported in : AIR 2013 SC 1849 and referred to paragraph 12 of the judgment. He also submits that unless it is established that only in compelling circumstances and only for acceptable reasons, the case has to be considered and has to be recalled for further cross -examination. He also read out from the application filed for recalling and submits that there is no compelling situation or a reason that has been addressed to the learned Judge for the purpose of recalling for further cross -examination.

(3.) HEARD the learned counsel for the parties and gone through the judgment. For the convenience of the learned Judge of the Trial Court, the observation made at paragraph 12 of the judgment is extracted hereunder: