JAISHANKAR Vs. RAJAMANICKAM

JUDGEMENT

(1.) The plaintiff is the revision petitioner herein, challenging the order in I.A.No.301 of 2011 in O.S.No.35 of 2003, dated 24.03.2011, on the file of the District Munsif Court, Attur.

(2.) The case of the plaintiff is that he has filed the suit in O.S.No.35 of 2003 before the learned District Munsif Court at Attur for permanent injunction. After evidences by both the parties, this petitioner/plaintiff has filed the application under Section 151 of C.P.C. in I.A.No.301 of 2011 in O.S.No.35 of 2003 for Re-open the case for further cross examination of the D.W.1 since some important questions were left out at the time of cross examination of the D.W.1. Hence, to putforth the case of the plaintiff in a clean way, he wants to re-open the case for further cross examination of the D.W.1. Therefore, he prayed the Court to allow the I.A.No.301 of 2011 by re-opening the case.

(3.) On receipt of the notice in the above I.A.No.301 of 2011, the respondent/defendant has filed his counter. In his counter, the respondent has denied the allegation set out by the petitioner/plaintiff. He also states that the suit was filed in the year 2003. After examination of the either side, the suit was posted for arguments from 07.11.2009 upto 11.03.2011 i.e. for more than 15 hearings (nearly 16 months) and on the 15th hearing of the case, this petitioner/plaintiff has come forward and filed this application for re-open the case for further cross examination of the D.W.1.