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Judgment
7 paragraphs · 360 wordsDevan Ramachandran, J
The petitioner challenges Ext.P6 order of the learned Family Court, Tirur, through which, it dismissed Ext.P5 application filed by him - invoking the provisions of Order XVI Rule 1(3) of the Code of Civil Procedure - to call a witness by name, Sri.E.P.Abdul Latheef.
The specific averment in the affidavit in support of Ext.P5 I.A is that, when PW2 was examined, he had referred to the afore person as being the person, who had intervened as a Mediator in the matrimonial disputes between the parties. On such basis, the petitioner, through the said application, called for the aforementioned person as a witness.
However, the learned Family Court issued the impugned order, merely saying that the application is belated, but without explaining why it was so; and then holding that the attempt of the respondent [petitioner herein] is to fill up lacunae by filing additional witness list, without having done so earlier.
We do not propose to speak on the merits at this time because, Ext.P6 does not disclose the reasons that lead the learned Judge to dismiss the application, except for recording that “it is highly belated”. Why it is belated and on what basis the learned Court entered into the finding that the application is meant to fill up lacunae in evidence, is not available from the said order. Obviously, we cannot decide the matter in any manner, but will have to ask the learned Family Court to reconsider I.A.No.7 of 2024, in O.P.No.50 of 2019, appropriately, after hearing both sides.
In such perspective and without entering into the merits of any of the rival contentions and leaving them all open, we allow this Original Petition and set aside Ext.P6 order of the learned Family Court, Tirur; with a consequential direction to it to reconsider I.A.No.7 of 2024 in O.P.No.50 of 2019, after affording necessary opportunities to both sides, as expeditiously as is possible, but not later than two weeks from the date of receipt of a certified copy of this judgment.
For the afore purpose, we direct the parties to mark appearance before the learned Family Court, Tirur, on 12.11.2024.