N. SADASIVAM Vs. SAMIYATHAL

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed against the order dated 21.02.2014 made in I.A. No. 29 of 2014 in O.S. No. 67 of 2009 on the file of the learned Subordinate Judge at Perundurai.

(2.) THE respondent herein filed a suit in O.S. No. 67 of 2009 for a decree for cancellation of the preliminary decree passed in O.S. No. 168 of 1995 on the file of the Subordinate Judge, Erode as invalid, void in law and one obtained by fraud and collusion and not binding on the plaintiff and for other reliefs. Admittedly, the revision petitioner, who is the first defendant in the suit, filed his written statement along with other defendants. After the settlement of issues, both side's evidences were closed and when the matter was posted for arguments, the first defendant/revision petitioner filed an application for reopen and recall the evidence of P.W.1 for further cross examination, since some important questions were omitted to be asked at the time of cross -examination of P.W.1. The trial Court, after hearing the other side, has dismissed the application, against which, the present revision petition has been preferred.

(3.) RESISTING the same, the learned counsel appearing for the respondent submitted that both sides' evidences were concluded and when the matter was posted for arguments, the defendant/revision petitioner in the suit filed the application to re -call and re -open the evidence the evidence of P.W.1 with a view to drag on the proceedings and to fill up lacuna, so, he is not entitled to any relief. Hence, he prayed for dismissal of the revision petition. To substantiate his arguments, he relied upon the following decisions: