SANJAY KUMAR Vs. VINOD

JUDGEMENT

(1.) The revision petition is against the order directing closure of the evidence on the ground that all the witnesses were not present. I am not prepared to examine the merits of his claim and I would only find fault with the petitioner coming to this Court for what was so simple for him to explain before the same Court to allow for opportunity for examination of witness. The power of the trial Court to reopen the case which is closed and allow for further evidence to be brought for consideration are set forth are too well established and brought through decisions of the Supreme Court and this Court. This Court has referred to the procedure to be adopted in such like case in the decision of Santosh Kumar Berry Vs. Nirmala Devi and others in CR No.5639 of 2012 decided on 25.9.2012. This Court has referred to the powers of the very same Court in recalling its own order and allowing for a witness to be examined if opportunity was denied by referring to the judgment of the Supreme Court in Vadi Raj Nagappa Vernekar (dead) through L.Rs Vs. Shard Chander Prabhakar Gogate 2009 (4) SCC 410, and still a later decision in K.K. Velusamy Vs. N Palanisamy AIR (2011) SC (Civil) 1000.

(2.) The revision petition is dismissed as untenable with liberty given to the party to file an application for recalling the order before the very same Court. The Court shall examine it in the light of the judgment of this Court in Santosh Kumar Berry's case (supra) and pass orders in accordance with law.