SHIVARAMAIAH Vs. THIMMASHETTY GOWDA

JUDGEMENT

(1.) The petitioners being the defendants in respondents' civil suit filed under Section 92 of CPC in OS.No.1/1999 re-numbered as OS.No.1/2005 are invoking the writ jurisdiction of this Court seeking to lay a challenge to the order dated 03.06.2019 made by the learned Principal District Judge, Mandya, whereby their application dated 08.02.2019 under Section 151 of CPC, 1908 for reopening of the case for facilitating the production of additional documents has been rejected.

(2.) The respondents having entered caveat through their learned counsel resist these writ petitions.

(3.) Learned counsel for the petitioners argues that the impugned order has taken the cavilier view of the application; ordinarily in suits under Section 92 of CPC, the approach of the Court needs to be liberal as consistently held by the Courts; what prejudice would have been caused to the other side by the production of the subject documents is also not forthcoming from the impugned order; prejudice would be caused to the petitioners if they are not permitted to load the subject documents to the record of the case. So arguing, he seeks allowing of these writ petitions.