THIRUMURUGA REAL ESTATE Vs. DHANRAJ KOCHAR

JUDGEMENT

(1.) The petitioners are the plaintiffs and the respondents are defendants in the suit. The petitioners/plaintiffs filed a suit in O.S. No. 2945 of 1999 before the City Civil Court, Chennai seeking for the following prayer;

(2.) Learned counsel appearing for the petitioners/plaintiffs submitted that the trial Court is wrong in dismissing the application without any basis and justification. He further submitted that the order of the trial Court is contrary to law, erroneous, biased and against the probabilities of the case. He further contended that the trial Court failed to note that unless the 15 witnesses inclusive of Government witnesses are examined and documents are not produced by the Government, the petitioner will not be able to prove the case. Therefore, the trial Court erroneously closed the petitioners' side and dismissed the petition for reopen. The trial Court ought to have seen that the case was not adjourned time to time not at the instance of the petitioners. He further submitted that the trial Court ought to have given opportunity to examine the witnesses and order of the trial Court is also perverse. He also relied on the following judgments to support his contention.

(3.) Learned counsel appearing for the respondents/defendants submitted that the trial Court has considered all the facts and circumstances of the case. He further submitted that the trial Court has given enough opportunity to the petitioners/plaintiffs. Therefore, the order passed by the trial Court is in accordance with law and the same has to be confirmed.