SELVAM Vs. P. NAGENDIRAN AND ORS.

JUDGEMENT

(1.) According to the revision petitioner, the revision petitioner has filed a suit in OS.No.511 of 2009 for permanent injunction against the respondents herein. In the aforesaid suit, written statement has been filed on 12.01.2010. The aforesaid case was posted for trial and the evidence on both sides were concluded. At that stage, the revision petitioner has filed the instant application in IA.No.1459 of 2017 under section 151 of the Civil Procedure Code to reopen evidence on the side of plaintiff. After hearing both sides, the court below has dismissed the said application. Challenging the aforesaid order, the revision petitioner has filed the present Civil Revision Petition before this Court.

(2.) The learned counsel for the revision petitioner would submit that since the 'B' schedule property falls within the domain of Lower Bhavani Project, the revision petitioner / plaintiff has filed the instant application to reopen the evidence on the side of plaintiff for examining the Executive Engineer of Lower Bavani Project so as to prove that 'B' schedule property has classified as "Nilaviyal Odai". Therefore, it is necessary to examine the said witness. But without considering the said contention of the revision petitioner, the court below has erroneously dismissed the said application. Hence, the revision petitioner has filed the present Civil Revision Petition before this Court.

(3.) Heard the learned counsel for the revision petitioner and perused the materials available on record.