VAIKUNTARAJ Vs. R. ARULSIGAMANI

JUDGEMENT

(1.) These Civil Revision Petitions have been filed to set aside the fair and decreetal order passed in I.A. Nos. 460 and 461 of 2017 in O.S. No. 39 of 1993, dated 14.09.2017 on the file of the Principal Sub Court, Tirunelveli.

(2.) The R-1 to R-5 herein/plaintiffs have filed a suit in O.S. No.39 of 1993. During the pendency of the suit, R-1, R-3 to 5 herein have filed a petitions in I.A. No.460 of 2017 in O.S. No. 39 of 1993 under Order 18 Rule 17 of CPC to recall P.W.1 and I.A. No. 461 of 2017 in O.S. No. 39 of 1993 under Order 7 Rule 14(3) of CPC., to receive documents and both the petitions were allowed on 14.09.2017 by the learned Principal Sub Judge, Tirunelveli. Against the common order, dated 14.09.2017 the instant Civil Revision Petition is filed.

(3.) The learned counsel appearing for the revision petitioners submitted that the Court below failed to note that after the completion of P.W.2's evidence on 23.8.2017 which commenced on 17.08.2017 the present petition to recall had been filed on 28.08.2017. He further submitted that the Court below had failed to note that P.W.1 has filed these petitions to fill up the omission caused in P.W.1's evidence who had already been examined. He further submitted that the Court below had not stated any proper reason for allowing the application to recall of P.W.1. Hence, he prayed to allow the Civil Revision Petition.