The petitioners filed an application in I.A.No.49 of 2012 to reopen the case for examining further witnesses on their side. The application was dismissed by the learned Trial Judge on the ground that similar application was filed earlier. However, witnesses were not examined. The order is under challenge in this Civil Revision Petition.
2. Heard the learned counsel for the petitioners. None appeared on behalf of the respondents.
3. The petitioners filed a suit for partition. The suit was dismissed for default. Thereafter, the petitioners filed I.A.No.127 of 2011 for restoring the suit. The suit was accordingly restored. Thereafter, the petitioners filed an application for further examination of witnesses on their side. The application was allowed. However, the petitioners have not examined any witnesses on their side. Thereafter, the petitioners filed I.A.No.422 of 2011 for cross examination of D.W.1. The application was allowed. It was long thereafter, the petitioners filed fresh application in I.A.No.49 of 2012 for reopening the case on their side for examination of further witnesses. The learned Trial Judge having found that the petitioners have been taking time under one pretext or the other, rightly dismissed the application. It is not for this court to re-appreciate the reasons given by the learned Trial Judge while dismissing the application to open the evidence. I am therefore of the view that absolutely, there is no merit in the civil revision petition.
4. In the up shot, I dismiss the Civil Revision Petition. No costs. Consequently, connected miscellaneous petition is closed.
13.06.2017 svki/msvm To The District Munsif Cum Judicial Magistrate No.1, Wallajapet.
K.K.SASIDHARAN,J.
msvm C.R.P.(P.D.) No. 2753 of 2012 13.06.2017 http://www.judis.nic.in