K PADMA Vs. V SELVAMANI

JUDGEMENT

(1.) Civil Revision Petition is filed to set aside the docket order dated 29.11.2016 made in I.A.No.1106 of 2016 in O.S.No.3 of 2013 on the file of the Principal District Court, Chengalpattu.

(2.) The petitioner is the plaintiff and the respondents are the defendants 2 and 3 in O.S.No.3 of 2013. The petitioner filed suit for three declarations, mandatory injunction and permanent injunction. The second respondent filed written statement on 01.09.2014 and first respondent filed written statement on 27.10.2014 and are contesting the suit. The petitioner let in evidence and closed her side. The first respondent was examined as D.W.1 by filing proof affidavit on 21.09.2016. The suit was posted for cross-examination of D.W.1 to 23.09.2016. The petitioner cross-examined D.W.1 on 23.09.2016 in part and the suit was adjourned to 30.09.2016 for further cross-examination of D.W.1. The second respondent, who is the second defendant in the suit, on verification, found that her cross-examination was closed on 23.09.2016 itself without giving any opportunity to her for cross-examining D.W.1. She filed the present I.A.No.1106 of 2016 to reopen the evidence of D.W.1 for the purpose of cross-examination on her behalf.

(3.) According to the second respondent, her advocate was held up in High Court on 23.09.2016 and he instructed one of the local advocates to represent the case, when it reaches. The said advocate could not appear, when the case was called and cross-examination on behalf of the second respondent was closed. According to her, being a party defendant, she is entitled to cross-examine D.W.1.