B. S. UMESH Vs. M. S. SRINIVAS

JUDGEMENT

(1.) The two applications of the respondent-defendants in I.A.Nos.12 and 13 filed under Order 18 Rule 17 of CPC, 1908 having been allowed with a cost of Rs.1,000/- in terms of the decision of the Apex Court in the case K.K.Velusamy vs. N.Palanisamy, (2011) 11 SCC 275, the court below has re- opened the case by the impugned order dated 22.06.2019, a copy whereof is at Annexure-F and thereby has facilitated the further cross examination of PW-1 by the respondents.

(2.) The contention of the petitioner that there is absolutely no material such as Medical Certificate, etc. for the court below to form an opinion as to the 1st respondent being away at Coimbatore for medical treatment, the impugned order is liable to be set aside, is bit difficult to accept especially when the said order is a product of exercise of discretion; ordinarily such orders do not merit deeper examination at the hands of writ court exercising limited jurisdiction under Article 227 of the Constitution of India; it is more so when the said applications are allowed on a cost of Rs.1,000/-.

(3.) The contention vehemently advanced by the learned counsel for the petitioner that the decision in Velusamy's Case is being contrary to the decision of the Three Judge Bench of the Apex Court in the case of Arjun Singh vs. Mohindra Kumar and others, AIR 1964 SC 993 is per incurium, does not avail for treatment by this Court, especially when the said decision in the case of Velusamy has been approved by a subsequent decision of Apex Court in the case of Bagai Construction vs. Gupta Building Material Store, (2013)14 SCC Page 1.