K. Ravikumar & Others v. A. Kalyanasundaram & Others
2008-11-06
M.VENUGOPAL
body2008
DigiLaw.ai
Judgment :- The Civil Revision Petitioners/respondents/plaintiffs have filed this Civil Revision Petition as against the orders dated 02.08.2007 in I.A.No.4226 of 2007 in O.S.No.6458 2005 on the file of the IV Additional Judge, City Civil Court, Chennai in allowing the application filed by the first respondent/petitioner/first defendant under order XVIII Rule 17 of Civil Procedure Code to recall the plaintiffs witness P.W.1 for further cross examination and marking the documents. 2. The trial court while passing orders in I.A.No.4226 of 2007 has inter alia observed that "considering the nature and circumstances of the case, this court is of the view that, it is just and legal to give an opportunity for the first respondent/petitioner/first defendant to further cross examine P.W.1 and to mark the documents mentioned in the application and as found the reasons prescribed in the application as valid and resultantly allowed the application. 3. Admittedly, the suit is filed for partition and on the side of plaintiff P.W.1 evidence is over and D.W.1 has also been cross examined. Since the first respondent/petitioner/first defendant is desirous of marking the ration card pertaining to the first plaintiff/first revision petitioner, K. Ravikumar and also the ration card of the second revision petitioner/second plaintiff, this court is of the considered view that the order passed by the trial court in allowing the application does not suffer from any material irregularity or illegality and on the other hand the order passed by this court is in aid of processual justice and the same is not an irritant in the matter of administration of justice and in view of the matter the Civil Revision Petition fails and the same is hereby dismissed. 4. In fine, the Civil Revision Petition is dismissed. The order passed by the trial court in I.A.No.4226 of 2007 in O.S.No.6458 2005 dated 02.08.2007 on the file of the IV Additional Judge, City Civil Court, Chennai is also confirmed. There shall be no order as to costs. Consequently, the connected M.P. Nos. 1 and 1 of 2008 and 2 of 2008 are also closed.