KRISHNAVENI Vs. VIJAYA

JUDGEMENT

(1.) According to the revision petitioners, the respondent has filed a suit in OS.No.49 of 2000 before the District Munsif Court, Arakonam for permanent injunction against the revision petitioners on the basis of alleged fraudulent and sham deed executed by her mother Savithri. The aforesaid suit was decreed in the year 2008. Thereafter, the revision petitioners have preferred an appeal before the Sub Court, Arakonam and the same was allowed and remanded to the trial court. At this stage, the revision petitioners have filed an application to implead mother of the plaintiff viz, Savithiriammal and also Sub-Registrar, Arakonam and the same was dismissed. Aggrieved by the same, Civil Revision Petition was preferred before this Court and the same was also dismissed. In the meantime, the case was posted for defendant side evidence. At this stage, the instant applications have been filed to re-open the plaintiff side evidence and to recall PW1 for further cross examination with respect to the sham and nominal gift deed executed by the plaintiff's mother. After considering the counter statement filed by the respondents, the trial court dismissed the aforesaid applications. Therefore, the revision petitioners have filed the present Civil Revision Petition before this Court.

(2.) The learned counsel for the revision petitioners would submit that the instant applications have been filed by the revision petitioners to re-open the plaintiff side evidence and to recall PW1 for further cross examination with respect to the sham and nominal gift deed executed by the plaintiff's mother. Therefore, no prejudice would be caused to the respondent, if the applications are allowed.

(3.) The revision petitioners have relied upon the decision of the Hon'ble Supreme Court in the case of K.K.Velusamy Vs. N.Palanisamy, (2011) 11 SCC 275, wherein it has been held that -court can exercise its discretion to permit reopening of evidence and / or recalling of witnesses for further examination / cross-examination after evidence led by parties is concluded and arguments have been commenced or even when arguments have concluded and case has been reserved for judgment .