S.P. BHOOMA Vs. INDIAN BANK THIRUVANMIYUR BRANCH

JUDGEMENT

(1.) This original side appeal has been preferred by the appellant challenging the order of the learned single Judge, by which, the application filed in Appln.No.291 of 2012 in I.P.No.46 of 2010 was dismissed.

(2.) The appellant herein is the debtor. During the pendency of the Insolvency Petition filed in I.P.No.46 of 2010, an application has been filed in Appln.No.291 of 2012 seeking leave of the Court to cross-examine P.W.1, whose evidence has been closed as the learned counsel appearing for the appellants reported no instruction. The said application was dismissed by the learned single Judge keeping in view of the provision contained in Order 18 Rule 17 of the Code of Civil Procedure. Challenging the same, the present appeal has been filed.

(3.) The learned counsel appearing for the appellants would submit that as the appellant was sick, there is lack of communication between the appellant and the counsel. As a result, the appellant could not report on time. In view of the statement made by the learned counsel for the appellant reporting no instructions, the evidence has been closed. Considering the facts and circumstances of the case, particularly, the appellant being a lady, an opportunity will have to be given.