The revision petitioners/ respondents in MOP No. 129 of 2005 filed these two revision petitions as against the orders dated 12.2.2008 in I.A.No. 1528 of 2007 and I.A.No. 1749 of 2007 in I.A.No. 794/2006 in MOP No. 129 of 2005 passed by the Family Court, Puducherry in allowing the applications filed under Section 151 of C.P.C.
2. Learned counsel for the revision petitioners submitted that the trial Court ought not to have allowed the applications to recall P.W.1 and reopen the petitioners side in I.A.No.794 of 2006 and that, counter has been filed by the respondents therein stating that these applications have been filed only to procrastinate the matter without paying interim maintenance and therefore, prays for allowing the civil revision petitions in the interest of justice.
3. A perusal of the orders passed by the trial Court in both the applications clearly indicate that certain documents are ordered to be received by condoning the delay and for the purpose of cross examining P.W.1 and to prove those documents, P.W.1 has to be recalled necessarily. Therefore, the trial Court has applied its mind and discretion in allowing both the applications. Hence, this Court, while sitting in revision, at this stage is not inclined to take a different view than the one arrived at by the trial Court and to secure the ends of justice, the said two applications viz., I.A.Nos. 1528 of 2007 and 1749 of 2007 have been allowed by the trial Court and viewed in that perspective, the civil revision petitions are devoid of merits and resultantly, the same fail and dismissed in the interest of justice.
4. In the result, the civil revision petitions are dismissed leaving the parties to bear their own costs. Consequently, M.P.No. 1 of 2008 is also dismissed. The orders passed by the trial Court in I.A.Nos.1528 of 2007 and 1749 of 2007 in I.A.No. 794 of 2006 in MOP No. 129 of 2005 are affirmed for the reasons assigned by this Court in these two revision petitions. The trial Court is directed to dispose of the MOP No. 129 of 2005 within a period of three months from the date of receipt of a copy of this order and report compliance to this Court without fail.
20.1.2009 ra Index: Yes.
Internet: Yes.
To The family Court, Puducherry.
M. VENUGOPAL,J., CRP (PD)NoS.1722 & 1723 of 2008 Date: 21.1.2009