VARADAPPAN Vs. STATE

JUDGEMENT

(1.) The matter is heard through "Video Conferencing". The present Civil Revision Petitions are filed to set aside the fair and decretal orders dated 08.04.2013 made in I.A.Nos.334 & 335 of 2013 respectively in O.S. No.561 of 2007 on the file of the Principal District Munsif Court, Namakkal.

(2.) The issue involved in both the Civil Revision Petitions are interlinked and hence, they are disposed of by this common order.

(3.) The petitioner is the plaintiff and the respondents are the defendants in O.S. No.561 of 2007 on the file of the Principal District Munsif Court, Namakkal. The petitioners filed the said suit for declaration and injunction. By the judgment and decree dated 10.12.2011, the said suit was dismissed and in the appeal filed by the petitioner in A.S. No.29 of 2012, the judgment and decree in O.S.No.561 of 2007 was set aside and suit was remanded to Trial Court to give an opportunity to the petitioner to examine the witness to Ex.A4 Will, executed by the petitioner's father. After remand, when the suit was posted for evidence on behalf of the petitioner, the petitioner filed two petitions in I.A.Nos.334 and 335 of 2013 to recall P.W.1 and for a permission to mark the Suit Register extract in O.S.No.353 of 1968 as evidence in O.S.No.561 of 2007. The respondents filed counter affidavit and opposed the said petitions. The learned Judge considering the order of remand in A.S.No.29 of 2012 made by the First Appellate Judge, dismissed both the petitions.