MALAR Vs. RAJI GOUNDER

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioner/plaintiff under Article 227 of the Constitution of India, against the fair and decreetal order dated 06.02.2020 passed by the learned Subordinate Court, Uthangarai, in I.A.No.02 of 2019 in O.S.No.305 of 2014.

(2.) The plaintiff in the suit is the revision petitioner herein. She has filed the above said suit for partition and separate possession and for a declaration to declare the Sale Deed Document No.1869 of 1996 executed by the second defendant in favour of the sixth defendant as null and void.

(3.) The defendants in the said suit have filed written statement. Issues have been framed and the evidence on the side of the plaintiff was over. On the side of the defendants, one Ms.Arulmozhi, was examined as D.W.1. The chief examination of D.W.1 was recorded on 13.07.2018 and she was cross-examined by the plaintiff's side on 26.06.2018, 11.09.2018 and 04.12.2018. Thereafter, the case was adjourned for further crossexamination of D.W.1. Despite 15 hearings, the plaintiff side did not come forward to cross-examine D.W.1 and hence, the learned Subordinate Judge, Uthangarai, suo motu closed the cross-examination of D.W.1 and posted the matter for arguments on 01.04.2019, 04.04.2019, 05.04.2019 and 08.04.2019. At this juncture, the revision petitioner/plaintiff has filed an Interlocutory Application under Order 18 Rule 17 r/w. Section 151 of C.P.C., praying to recall D.W.1 for further cross-examination. The said application was dismissed by the learned Subordinate Judge, Uthangarai. As against the order of dismissal, the present Civil Revision Petition has been filed by the revision petitioner/plaintiff.