DESAVATH MERIBAI Vs. RAMAVATH TIRIBAI

JUDGEMENT

(1.) This revision questions the refusal of the learned trial Court in recalling Pw.1 to offer Pw.1 for cross examination by 4th defendant. Such refusal took place by Order dtd. 6/5/2019 of the learned Junior Civil Judge, Vinukonda in I.A.No.123 of 2019 in O.S.No.173 of 2012.

(2.) Aggrieved by that Order the 4th defendant in the suit filed this revision under Article 227 of the Constitution of India, stating that the respondent herein filed the suit for permanent injunction claiming title and possession and the suit is under contest. This revision petitioner/D4 is a woman aged about 72 years and there is no one to look after the litigation on her behalf and there is a communication gap between her and her Advocate and therefore she could not properly prosecute the case and because of this communication gap the evidence of Pw.1 was closed by the trial Court on 6/3/2019, since on that day neither the revision petitioner nor her learned counsel could attend before the trial Court. After closure of evidence it was on 8/5/2019 petitioner filed an application to reopen the evidence of Pw.1, but the trial Court dismissed it without assigning any reasons and failed to consider the averments of this revision petitioner contained in her affidavit filed before the trial Court and deprived of her an opportunity to cross examine Pw.1 which would cause irreparable injury to the petitioner and the Order of the trial Court is perverse. For these reasons this revision is filed seeking to set aside the Order to the trial Court dtd. 6/5/2019.

(3.) The respondent herein is the plaintiff. Learned counsel appearing for the respondent submits that revision petitioner prolonged the litigation for no reason and without any reasons failed to cross examine Pw.1 and cause went further and several opportunities were given and despite conditional order and despite imposition of costs, this revision petitioner did not choose to cross examine the Pw.1 and the impugned Order is in accordance with facts and law and any interference is not required.