Chandraswamy @ Chaluvanna vs Parvathamma

S.R. Krishna Kumar, J

This petition by the defendant in O.S.No.549/2022 is directed against the impugned order dated 13.01.2026 passed by the VI Additional Civil Judge and JMFC, Hassan, whereby the applications filed by the petitioner under Order XVIII Rule 17 CPC and Section 151 CPC seeking reopening of the case and to recall PW.1 for further cross-examination were rejected by the trial Court.

Heard learned counsel appearing for the petitioner, learned counsel for the respondent and perused the material on record.

A perusal of the material on record will indicate that in the aforesaid suit filed by the respondent/plaintiff against the petitioner/defendant for eviction/ejectment and other reliefs in relation to the suit schedule immovable property, both parties having adduced evidence and submitted arguments, the matter was reserved for pronouncement of judgment, at which stage, the petitioner filed the instant applications seeking recalling of PW.1 for further cross-examination. The said applications having been opposed by the respondent/plaintiff, the trial Court proceeded to pass the impugned order rejecting the applications on the ground that the petitioner was not diligent in proceeding with the matter.

In this context, it is pertinent to note that the reasoning of the trial Court that once the matter is reserved/posted for pronouncement of judgment, it is impermissible to recall witnesses and reopen evidence is contrary to the principles laid down by the Apex Court in the case of K.K. Velusamy v. N. Palanisamy reported in (2011) 11 SCC 275.

Under these circumstances, having regard to the reasons assigned in the affidavit in support of the application which make out valid and sufficient cause to recall PW.1 for further cross-examination, I deem it just and appropriate to adopt a justice oriented approach and set aside the impugned order and allow the applications filed by the petitioner and permit the petitioner to further cross-examine PW1 by issuing certain directions in this regard.

In the result, the following:

ORDER

i) Petition is hereby allowed.

ii) The impugned order dated 13.01.2026 passed by the VI Additional Civil Judge and JMFC, Hassan is hereby set aside.

iii) The applications filed by the petitioner to reopen the case and to recall PW.1 for further cross-examination are allowed subject to the condition that the petitioner shall complete cross-examination of PW.1 on the next date of hearing of the suit, which stands posted on 31.01.2026, subject to PW.1 being present before the trial Court on that day, without seeking any adjournment under any circumstances whatsoever.

iv) It is made clear that in the event PW.1 remains present and tenders himself for cross-examination before the trial Court on 31.01.2026 and the petitioner does not complete the cross-examination of PW.1 on that day, the present order shall stand automatically recalled and the applications filed by the petitioner shall stand dismissed without further orders and without reference to Bench.

v) Upon completion of the further cross-examination of PW.1 by the petitioner on 31.01.2026 as stated supra, the trial Court shall hear final arguments of both sides and proceed to pass judgment on merits on or before 02.03.2026.