MOHAN BAI Vs. KANHAYALAL GANNA

JUDGEMENT

(1.) The plaintiffs have filed the present writ petitions against the impugned order dated 6.10.2017 made in O.S.No. 8877/2007 dismissing the applications filed under Order XVIII Rule 17 r/w Section 151 and under Section 151 of the Code of Civil Procedure to recall and reopen the case.

(2.) The plaintiffs filed a suit for partition and separate possession and permanent injunction contending that the suit schedule properties belong to them and the defendant jointly, and there was no partition. The same was disputed by the defendant by filing the written statement wherein the entire plaint averments were denied and sought for dismissal of the suit.

(3.) When the matter was posted for cross- examination of D.W.2, at that stage, the present applications were filed by the plaintiffs - I.A.15 under Order XVIII Rule 17 r/w Section 151 of the Code of Civil Procedure for recalling the order dated 11.8.2017 and to permit them to cross-examine D.W.1 and I.A.16 under Section 151 of the Code of Civil Procedure for re- opening of the case contending that if opportunity is given to them, no prejudice would be caused to the defendants.