A.T.SOMASUNDARAM Vs. G.PRAVEEN

JUDGEMENT

(1.) Challenge has been made against dismissal of the petitions filed for setting aside the exparte Order and to reopen the evidence on the side of the plaintiff and to recall P.W.1 for cross examination, in the present Civil Revision Petition.

(2.) The suit has been filed for permanent injunction against the revision petitioner not to disturb the possession of the plaintiff. The dispute between the parties as culled out from the plaint is that the revision petitioner entered into a contract with the plaintiff for construction of a house within a particular time. As the construction has not been completed within the time, there arose dispute between the parties and the plaintiff had took over possession and set right the defective construction by himself. The avements proceeded further that the defendant tried to dispossess the plaintiff and sell the property to some third party. Hence, the suit has been filed.

(3.) In the suit, the plaintiff was examined as P.W.1 on 5/3/2024. However, cross examination has not been done by the defendant and the matter was adjourned for cross examination on 8/3/2024. Even on that day, as the cross examination has not been done, the defendant was set exparte and the evidence on the side of the plaintiff was closed and the matter was posted for judgment on 30/3/2024.