(1.) CHALLENGE in this civil revision petition is to the Order dated 13.04.2009 in I.A.No,2553/2009 in O.S.No,890/2002 on the file of the learned XII Assistant Judge, City Civil Court, Chennai dismissing the petition preferred by the respondents to reopen their side and to adduce further evidence.
(2.) THE suit in O.S.No,890/2002 was preferred by the revision petitioners against the respondents praying for a decree of declaration and consequential injunction. THE suit was contested by the respondents by filing written statement.
(3.) IN the affidavit filed in support of the application in I.A.No,2553/2009, it was the contention of the petitioners that only PW-1 was examined on their side and she was also cross examined. However, on account of her illness, she was not in a position to attend the Court subsequently and to take steps for examining further witnesses.