NISSAR NOORUDDEEN Vs. ABDUL SHUKKOOR

JUDGEMENT

(1.) The petitioner is the original defendant in O.S.No.151/2014 pending before 1st Additional Sub Court, Thiruvananthapuram.

(2.) After the suit having been listed for trial, the plaintiff was examined. On the date of plaintiff's examination, the learned counsel could not appear and cross-examine the plaintiff presumably because he was laid up. The court below did not adjourn the case for cross-examination on the premise that the plaintiff who came from abroad had to return the next day. Similarly, when PWs.2 and 3 appeared and were examined on the side of the plaintiff also, the learned counsel for the defendant was not in a position to cross-examine. The court below closed their evidence also on the ground that one of the witnesses came from abroad for giving evidence. Anyway, the defendant applied for recalling all the witnesses and filed application. That too was dismissed. Seeking review of the order dismissing the applications, the petitioner/defendant filed review petition with separate petition seeking to condone the delay.

(3.) The court below dismissed I.A.Nos.2756 & 2757/2017 and 653 & 654/18 by Exts.P9 and P10 orders dated 12.01.2021. The orders are challenged in this original petition by the aggrieved defendant.