RAMALINGAM Vs. CHANDRA AMMAL

JUDGEMENT

(1.) THESE civil revision petitions are filed against the order dated 20.12.2000 passed in I.A.Nos.1135, 1136 and 1238 of 2000 in O.S.No.174 of 1991 by the District Munsif, Panruti. Inveighing the order dated 20.12.2000 passed in I.A.Nos.1135, 1136 and 1238 of 2000 in O.S.No.174 of 1991 by the District Munsif, Panruti, these civil revision petitions are focussed.

(2.) A 'resume' of facts absolutely necessary and germane for the disposal of this civil revision petition would run thus: The first respondent/plaintiff filed the suit O.S.No.174 of 1991 seeking the following reliefs:-

(3.) I could see considerable force in the submission made by the first respondent/plaintiff because D4, who is now fully participating in the proceedings, is having the right to cross-examine P.W.1 and in such a case, simply because D1 to D3 were not given opportunity to cross-examine P.W.1, in view of their laches, no prejudice would be caused to them legally. In this factual matrix, in view of the ex-parte decree having been set aside, at the instance of D4, virtually there is no ex-parte decree as against any one of the defendants. The crucial question arises as to whether D1 to D3 are justified in praying for recalling P.W.1 for cross-examination. Even though ex-parte decree was set aside, the ex-parte order still stands and thrice opportunities were given earlier, but owing to laches on the part of D1 to D3, P.W.1 was not cross-examined. Hence, in such a case, I could see no rhyme or reason on the part of D1 to D3 in praying for one more opportunity to cross-examine P.W.1, and that too, when D4, their vendee, has right to cross-examine P.W.1. I make it clear that cross-examination whether already effected by D4 or yet to be effected by D4 relating to P.W.1, would certainly enure to the benefit of D1 to D3 also. The law is also clear that even though at one stage D1 to D3 have been set ex-parte, they are having the right to participate in the rest of the proceedings, as per law. Accordingly, these revisions are ordered as above and disposed of. No costs.