KANNAIYAN Vs. MOHAMED SHERIFF

JUDGEMENT

(1.) The Civil Revision Petition is filed against the docket order dated 16.12.2013 made in O.S.No.244 of 1993 on the file of the Principal Subordinate Court, Villupuram.

(2.) The petitioner is defendant and respondent is plaintiff in O.S.No.244 of 1993 on the file of the Principal Subordinate Court, Villupuram. The respondent filed the said suit for recovery of a sum of Rs. 1,29,036/-. The respondent filed written statement. The trial commenced, proof affidavit and documents were marked. P.W.1 was cross-examined in part and subsequently, the counsel for the petitioner did not cross-examine P.W.1 and the suit was decreed exparte. The petitioner filed an application to set aside the exparte decree and the said application was allowed and exparte decree was set aside. The counsel for the petitioner contended that the respondent must let in fresh evidence and cannot rely on the evidence already let in. On the other hand, the learned counsel for the respondent contended that the suit was decreed exparte as the counsel for the petitioner did not cross-examine P.W.1 further. Once exparte decree is set aside, the suit must be proceeded from the stage, when the exparte decree was passed.

(3.) The learned Judge considering the arguments of the learned counsel for the parties and judgment relied on by the counsel for the respondent, by order dated 16.12.2013 held that the suit has to be proceeded from the stage of further cross examination of P.W.1 and not from the stage of chief examination of P.W.1 and posted the suit to 20.12.2013.