BALAJI EXIMS Vs. D V RAMESH

JUDGEMENT

(1.) The petitioner is before this Court under Article 227 of the Constitution of India, assailing the order dated 14.11.2017 passed by the I Additional Senior Civil Judge and CJM, Shivamogga in O.S.No.146/2014 whereby further cross-examination of PW.1 has been rejected.

(2.) For the sake of convenience the parties are referred to as per their ranking before the trial Court.

(3.) The brief facts of the case are that the petitioner is the defendant in O.S.No.146/2014. The respondent herein has filed a suit in O.S.NO.146/2014 against the defendant for recovery of a sum of Rs.78,80,000/- along with interest at the rate of 24% p.a. It is the further case of the plaintiff that the defendant had borrowed Rs.50,00,000/- from him for his mining business. On issuance of suit summons the defendant appeared and filed his written statement denying the suit averments and prayed for dismissal of the suit. Thereafter the trial Court framed the issues and posted the matter for evidence.