KANNAN Vs. RAJA

JUDGEMENT

(1.) This revision petition has been filed to set aside the fair and decreetal order passed in I.A.No.1178 of 2017 in O.S.No.212 of 2010, dated 04.12.2017, on the file of the learned District Munsif, Tirupattur, Vellore District.

(2.) The petitioner has filed the suit in O.S. No. 212 of 2010 for declaration and permanent injunction against the respondent herein. In the aforesaid suit, evidence on both sides were concluded and the suit was posted for arguments. At that stage, the petitioner filed an application in I.A.No.1178 of 2017, under section 151 of CPC, seeking a direction to reopen the evidence on the plaintiff's side and the said I.A was dismissed by the Court below on 04.12.2017. Aggrieved by the said order, the present Civil Revision Petition has been filed.

(3.) The learned counsel for the petitioner would submit that the petitioner has filed the application to re-open the plaintiff's side evidence for examining a local villager. If an opportunity is granted to the petitioner, he would examine the local villager on a particular date and therefore the order passed by the court below is liable to be set aside.