A. R. DEVARAJ & ANR. vs A.R.K. RAMAN & ORS.

The defendants 1 and 5 filed the present writ petitions against the order dated 11.10.2017 made in O.S.No.41/2007 on the file of the XXXVIII

Addl. City Civil and Sessions Judge, Bengaluru, allowing I.A. Nos.24 and 25 filed by the plaintiffs for recalling D.W.3 for further cross-

examination, with cost of Rs.400/-.

Sri Rego L.P.E. learned counsel for the petitioners contended that, the main grievance of the petitioners/ defendants 1 and 5 in the present writ

petitions is that when plaintiffs filed I.A.No.24 under Order XVIII Rule 17 r/w Section 151 of Code of Civil Procedure to recall D.W.3/Smt.

Malini Chandrashekar for further crossexamination and I.A.No.25 under Section 151 of Code of Civil Procedure to reopen the case after

considering the application filed by the plaintiffs under Order XVIII Rule 17 for recalling D.W.3, the said applications were allowed with cost of

Rs.400/-, even without providing an opportunity to the petitioners to file objections and thereby diluted the admissions obtained by the petitioners.

Therefore, the present writ petition are filed.

Sri Aravinda Babu, learned counsel for Sri Kumara Swamy.M. learned counsel for caveator/ respondent No.3-plaintiff No.3 sought to justify

the impugned order and contended that copies of the applications were given to defendant No.1 who was present in the Court, since his counsel

was absent. Therefore, the Trial Court rightly allowed the applications and hence sought to dismiss the writ petitions.

A perusal of the impugned order indicates that, absolutely no reasons are assigned by the Trial Court while allowing I.A.Nos.24 and 25, without

giving an opportunity to the contesting defendants. On that short ground alone, the impugned order cannot be sustained, which is not a speaking

order since an opportunity should have been given to the petitioners, before passing the impugned Order.

Today, Sri Aravinda Babu, learned counsel for caveator/respondent No.3 furnished copy of the applications I.A.Nos.24 and 25 to the learned

counsel for the petitioners/defendants 1 and 5, in the open Court. The same is acknowledged by the learned counsel for the petitioners and they

are permitted to file their objections, if any, within ten days from the date of the receipt of copy of this order and the learned Judge shall pass

orders, afresh, in accordance with law.

The cross-examination done in pursuance of the impugned order shall not be taken into consideration. After consideration of I.A.Nos.24 and 25

and objections if any the Trial Court shall proceed further, in accordance with law. With the above observations, writ petitions are disposed of.