RAJAGOPAL Vs. LAKSHMI

JUDGEMENT

(1.) The instant Civil Revision Petition has been filed challenging the order dated 13.08.2014, passed by the District Munsif Court at Cheyyar, Tiruvannamalai District in I.No.645 of 2014 in O.S.No.569 of 2004. Brief facts leading to the filing of the instant revision:

(2.) The petitioners are the defendant Nos. 1 and 2 in the suit in O.S.No.569 of 2004 filed by the first respondent before the District Munsif Court at Cheyyar, Tiruvannamalai District, seeking for declaration of title, recovery of possession and also for mandatory injunction in respect of the suit schedule property. A written statement has also been filed in the suit by the petitioners/defendant Nos.1 and 2. Issues were also framed by the trial Court and thereafter, the trial also commenced. At the stage of arguments, I.A.No.645 of 2014 has been filed by the first respondent/plaintiff under Section 151 CPC to reopen and recall PW1 for the purpose of re-examining PW1 and for marking additional documents. A counter affidavit was also filed by the petitioners/defendant Nos.1 & 2 in I.A.No.645 of 2014, wherein they have stated that only to protract the proceedings, the application has been filed by the first respondent/plaintiff and according to them, without disclosing the documents, the application filed by the first respondent/plaintiff in I.A.No.645 of 2014 is not maintainable under Order 18 Rule 17 CPC.

(3.) The trial Court by its order dated 13.08.2014, allowed I.A.No.645 of 2014 filed by the first respondent/plaintiff, seeking to reopen and recall PW1 for the purpose of re-examination and for marking additional documents.