LAWS(APH)-2022-8-72

D. MALINI Vs. T. DAMODARAM

Decided On August 25, 2022
D. Malini Appellant
V/S
T. Damodaram Respondents

JUDGEMENT

(1.) This Civil Revision Petition, under Article 227 of the Constitution of India, is preferred against the orders, dtd. 26/3/2021, passed in I.A. No. 173 of 2021 in O.S. No. 204 of 2015 on the file of the Court of III Additional District Judge, Tirupathi, Chittoor District.

(2.) (a). The facts, in brief, are that the plaintiff filed the suit on the basis of an alleged fabricated pronote and the plaintiff himself was examined as PW1. On the side of the defendants, DWs. 1 to 3 were examined and certain documents were marked. During the course of trial, while examining PW1, the learned counsel for the plaintiff has not put some of the relevant questions with regard to the execution of the pronote and the signature on it. Hence, the present application has been filed by the petitioner/defendant under Order XVIII Rule 17 CPC seeking to recall PW1 for the purpose of further cross-examination.

(3.) The trial Court, on a consideration of facts and circumstances of the case and to give one more opportunity to the petitioner and to arrive at a just conclusion, by order, dtd. 26/3/2021, allowed the petition subject to payment of costs of Rs.1,000.00 payable by the defendant to the plaintiff on or before 6/4/2021.