Leelamani Thkkoyippurathu Dileep Bhavanam

The court below has after all allowed an application to re-open the evidence already closed in the suit. Only the evidence of the plaintiff was recorded and the defendants were yet to tender any evidence. The decision in Bagai Construction v. Gupta Building Material Store [(2013) 14 SCC 1] is distinguishable in as much as the same was a case where both the parties had tendered evidence in full.

2. I do not find any sufficient ground to interfere with the discretion exercised by the Court below in affording further opportunity to the parties to adduce evidence.

The Original Petition fails and is dismissed.

V.CHITAMBARESH JUDGE DCS