Two suits were jointly tried initially. One of the suits was dismissed as withdrawn and the other one remained in which the petitioner herein sought to raise additional issues. He was allowed to raise one issue. The matter had gone up to the Apex Court and the Apex Court disposed of the same as per Ext.P3 with the following observation. “Delay condoned.
Heard counsel for the petitioner, but we do not see any reason to entertain this special leave petition. Accordingly, the special leave petition is dismissed.
The petitioner, however, would be at liberty to urge all questions including non-framing of additional issues before the Trial Court and its consequence on the suit. If the same are urged, the Trial Court will deal with it on its own merits”.
Thereafter the petitioner filed a petition to let him adduce additional evidence in the matter. The said petition has been O.P.(C) No.2995/2014 2 dismissed by the impugned order namely, Ext.P7.
2. In fact, a reading of Ext.P7 order would show that there is ambiguity regarding the relief sought for by the petitioner in his petition. In one portion of the order, the court below says that additional issues cannot be raised but in another portion, the court below says that the petitioner can be allowed to adduce further evidence. One portion of the order is not in conformity with the other portion of the order. Even assuming that the petitioner is not entitled to raise additional issues in view of the earlier portion of the order, certainly he will be entitled to adduce evidence if pleadings so warrant. That right of the petitioner cannot be shut out.
3. It needs to be remembered that it was after joint trial was ordered that one of the suits was dismissed as withdrawn. The petitioner wanted to amend the pleadings and to take such steps to adduce evidence independently in the present suit. This aspect of the case has been lost sight of by the court below.
Whatever that be, this original petition is disposed of with the observation that the impugned order will not stand in the way O.P.(C) No.2995/2014 3 of the petitioner adducing evidence if pleadings so warrant and he is entitled to do so.
Sd/-
P.BHAVADASAN JUDGE smp