MAHIN Vs. AYYAKUTTY (DIED)

JUDGEMENT

(1.) These Civil Revision Petitions are filed challenging the order dated 01.08.2019 passed in I.A. Nos. 1 and 2 of 2019 in O.S. No. 382 of 2008 by the Additional District Munsif, Padmanabhapuram.

(2.) The revision petitioner, who is the plaintiff, has filed I.A. Nos. 1 and 2 of 2019, to recall D.W.1 for examination and to reopen the evidence. The Court below has dismissed the said I.As stating that only to prolong and procrastinate the proceedings and further observed that these applications are filed belatedly. Further, the plaintiff without availing opportunity for cross examination of D.W.1 by putting forth all their possible questions, that too, consuming nearly four years, cannot take advantage of his own wrong. Therefore, the Court below by referring to the judgment of the Hon 'ble Apex Court and dismissed the said applications. Aggrieved against the same, the revision petitioner is before this Court.

(3.) The learned counsel appearing for the revision petitioner contended that the revision petitioner has filed I.A. Nos. 632 and 633 of 2017 in O.S. No. 382 of 2008 to raise additional pleadings and the same was allowed by the Court below on 14.11.2018. Subsequently, the revision petitioner has filed an application to recall D.W.1 for examination and to re-open the evidence on 05.12.2019, based on the additional pleadings. Without giving an opportunity, the Court below has dismissed the said application holding that these applications have been filed after a period of four years with an intention to protract the proceedings. Further, while dismissing the said application based on the additional pleadings and subsequent to the filing of the additional pleadings, the aspect of the re-examining D.W.1 have not been considered by the Court below. Therefore, the interference of the Court is just and necessary and consequently to set aside the order passed by the Court below and to permit the revision petitioner to examine D.W.1 by allowing the application filed by the revision petitioner to recall and to re-open D.W.1.