S BABU Vs. A MANOHARAN @ DOSS

JUDGEMENT

(1.) Civil Revision Petitions are filed against the fair and decreetal order dated 25.11.2015 made in I.A.Nos.932 and 933 of 2015 in O.S.No.44 of 2003 on the file of the District Munsif Court, Thiruvottiyur.

(2.) The respondent herein as a plaintiff filed a suit in O.S.No.44 of 2003 for declaration of title in respect of B and C schedule properties and recovery of possession in respect of B and C schedule properties. The defendant/revision petitioner herein has filed a written statement and contesting the same. Then the plaintiff's side evidence was over and when the defendant was cross-examined in part, it was closed on 09.09.2015 as there is no representation on the side of the plaintiff. Therefore, the respondent/plaintiff has come forward with the applications in I.A.Nos.932 and 933 of 2015 for reopen and recall D.W.1 stating that the counsel on record was suffering some ill-health and hence, he was unable to cross-examine the witness. The trial Court after hearing both sides, allowed the applications, against which, the present revisions have been preferred by the defendant.

(3.) At the time of admission, argument of the learned counsel for the revision petitioner is heard in length.