T.V.ASHOKAN Vs. SABITHA M.V.

JUDGEMENT

(1.) The petitioner in this Original Petition has filed O.P.No.406 of 2018 before the Family Court, Kasaragod. He has filed the original petition seeking a decree for return of money from the respondents in the original petition.

(2.) The case of the petitioner is that a substantial amount of money was withdrawn from his bank account by the respondents. In order to prove the above aspect, he had taken steps to issue summons to the Bank Manager, to examine him as a witness. Although the Bank Manager appeared before the Court in response to the summons, the Manager failed to produce the summoned documents. Despite taking steps several times to summon the Bank Manager; the steps have been returned. In the meantime, the Advocate Commissioner who was appointed to record the evidence, has recorded the evidence of the 1 st respondent and has filed the report in the case. Now the case stands posted for hearing.

(3.) On 16.12.2019, the petitioner filed Ext.P2 application to reopen the evidence. The Family Court by Ext.P3 order dated 24.12.2019 dismissed the application, on the ground that the petitioner did not take steps at the appropriate time to issue summons to the witness. The the intention of the petitioner is to only delay the determination of the original petition.