P. SIVAGAMI AND OTHERS Vs. PAPPATHIAMMAL AND OTHERS

JUDGEMENT

(1.) This revision petition has been filed to set aside the fair order and decretal order dated 04.04.2016 made in I.A.No.180 of 2015 in O.S.No.15 of 2002 on the file of the learned Subordinate Judge, Gudiyattam, Vellore District.

(2.) According to the petitioners, the petitioners filed a suit seeking for partition and the said suit was posted for evidence and after completion of evidence, posted for arguments. At this stage, the petitioner filed I.A.No.180 of 2015 seeking a direction to reopen the case to recall D.W.1, D.W.2, and D.W.3 for further cross examination on the petitioners' side and the said I.A was dismissed by the Court below on 04.04.2016. Aggrieved by the said order, the present Civil Revision Petition has been filed.

(3.) The learned counsel for the petitioners further submitted that due to family circumstances, the petitioners could not present on the date of cross examination of the above said witnesses. Therefore, the petitioners filed I.A.No.180 of 2015 for the afore stated relief. The learned counsel further submitted that if the application is allowed, no prejudice would be caused to the respondents. Moreover, the petitioner came to know the alleged Will of the respondents recently. Therefore an opportunity shall be granted to the petitioner to cross examine D.W.1, D.W.2 and D.W.3.