CHANDRASWAMY Vs. PARVATHAMMA

JUDGEMENT

(1.) This petition by the defendant in O.S.No.549/2022 is directed against the impugned order dtd. 13/1/2026 passed by the VI Additional Civil Judge and JMFC, Hassan, whereby the applications filed by the petitioner under Order XVIII Rule 17 CPC and Sec. 151 CPC seeking reopening of the case and to recall PW.1 for further cross-examination were rejected by the trial Court.

(2.) Heard learned counsel appearing for the petitioner, learned counsel for the respondent and perused the material on record.

(3.) A perusal of the material on record will indicate that in the aforesaid suit filed by the respondent/plaintiff against the petitioner/defendant for eviction/ejectment and other reliefs in relation to the suit schedule immovable property, both parties having adduced evidence and submitted arguments, the matter was reserved for pronouncement of judgment, at which stage, the petitioner filed the instant applications seeking recalling of PW.1 for further cross-examination. The said applications having been opposed by the respondent/plaintiff, the trial Court proceeded to pass the impugned order rejecting the applications on the ground that the petitioner was not diligent in proceeding with the matter.