SESU RAJAKILI Vs. DORA SUSEELA

JUDGEMENT

(1.) The Civil Revision Petitions are filed to set aside the order dtd. 2/11/2022 passed in I.A.Nos.1 and 2 of 2022 in O.S.No.279 of 1999 c/w O.S.No.412 of 2004, on the file of Principal District Munsif, Alandur.

(2.) The revision petitioners are the defendants in the Suit and the respondent instituted a Suit for Declaration and Recovery of Possession.

(3.) It is not in dispute that the trial concluded long back and the Suit was posted for arguments on several occasions. Pertinently, the Suit was posted for arguments and at that stage, the respondent / plaintiff filed Interlocutory Application in I.A.No.221 of 2019 to re-open the case for further plaintiff's side evidence. The Trial Court allowed the petition on costs. But the plaintiff did not examined any witness on their side, instead they have filed another Interlocutory Application in I.A.No.464 of 2019 to issue witness summons to one Arulmani and the said application was dismissed by the Trial Court on merits on 16/7/2019. Again the Suit was posted for arguments. The respondent / plaintiff filed Interlocutory Applications in I.A.Nos. 734 and 735 of 2019 to re-open and re-call P.W-1 for cross-examination and the said petitions were dismissed by the Trial Court on 16/10/2019. Again the case was posted for arguments and the plaintiff filed another Interlocutory Application in I.A.No.1041 of 2019 under Order XVI Rule 1 read with Sec. 151 of the Civil Procedure Code to permit the revision petitioner to issue witness summon to Mr.Nelson in the above case and the said application was dismissed by the Trial Court on 9/3/2022. Against the said order, a Civil Revision Petition in C.R.P(PD) No.1006 of 2022 was filed and the said Civil Revision Petition was dismissed by this Court on 13/6/2022.