CHEKKA SURYANARAYANA Vs. SAKA RAJULAMMA

JUDGEMENT

(1.) The Civil Revision Petition is filed aggrieved by the orders passed in I.A.No.423/2020 in L.A.O.P.No.02/2014 on the file of the learned Senior Civil Judge, Pithapuram on 25/1/2021.

(2.) The respondent herein who is the 9th claimant in L.A.O.P.No.02/2014 filed I.A. under Order XVIII Rule 17 and sec. 151 CPC to recall PW1 for further cross-examination in the areas and documents mentioned. Learned Counsel appearing on behalf of the petitioner has assailed the orders on three grounds. Firstly, the matter is heard twice by the Court below and at that point of time, the application filed under Order XVIII Rule 17 and sec. 151 CPC cannot be considered by the court below. Secondly, in the I.A. the respondent has not specified the points on which they want to question the PW1. Thirdly and finally, after completing the arguments, to fill up gaps, such applications cannot be entertained and hence the order of the Court below is to be set aside.

(3.) Learned Counsel appearing for the petitioner in support of his contention relied on paragraph 8 b of the impugned order wherein on perusal of the docket order the Court has mentioned that arguments on the side of claimants 1,3 to 8 and 10 to 12 were heard on 29/10/2019 and arguments on the side of the present petitioner i.e. claimant no.9 were heard on 31/10/2019 and the reply arguments of the respondents 1, 3 to 8 and 10 to 12 were also filed on 5/11/2019. At that point of time the claimant has filed I.A.No.1194/2019 to summon the Sub-Registrar, Tuni to produce their register, and to give evidence and the same was allowed on 10/1/2020. PW5 was cross- examined on 6/3/2020 by the then Counsel for the petitioners/claimants and on 13/3/2020 the reply of claimant nos.1,3 to 8 and 10 to 12 were heard and at the request of the claimant no.9. i.e. the petitioner in the I.A., matter was posted for further arguments regarding the evidence of PW5 and due to lockdown on the ground of pandemic, the matter was adjourned from time to time and thereafter on 16/11/2020 filed the present petition. Hence, after hearing the arguments and elaborate trial, this petition is filed only to fill up the gaps.