HANUMANTHAIAH AND ORS. Vs. JAYAMMA

JUDGEMENT

(1.) HEARD the learned Advocate appearing for the petitioners.

(2.) PETITIONERS are the defendants in OS No. 168/2008 on the file of the Additional Civil Judge and JMFC, Nelamangala. Being aggrieved by the order dated 5.12.2014 rejecting I.A. No. 5 filed under 18 Rule 17 of CPC praying to recall the order dated 19.11.2014 and permit the defendants to further cross -examine PW1 and I.A. No. 6 filed under Section 151 of CPC praying to reopen the case, the petitioners have filed these writ petitions.

(3.) THE Trial Court after considering the matter in detail rejected the application taking into consideration the fact that more than three times, PW1 was recalled and opportunity was given to the defendant for cross -examination. The petitioner has not availed the opportunity. Being aggrieved by the same, the petitioners have filed these writ petitions.