The Civil Revision Petition is filed against the fair and decreetal order dated 11.9.2008 passed in I.A.No.90 of 2008 in O.S.No.67 of 2006 on the file of the District Munsif Court, Ranipet, Vellore District.
2. Plaintiff has filed a suit for permanent injunction against the defendants and their men, agents, servants and in any manner not to interfere into the peaceful possession and enjoyment of the plaintiff. In the above suit, plaintiff filed I.A.No.90 of 2008 to reopen the case to examine the plaintiff side evidence. Such application was dismissed. Against which the present revision petition has been filed.
3. In the affidavit filed in support of the I.A.No.90 of 2008 the plaintiff clearly states that the examination of witness on both sides is already over. However, he would like to reopen the case to examine his son. The said application was resisted by the respondent/defendant.
4. The court below came to the conclusion that reasonable opportunity has been given to the petitioner/plaintiff for examination of witnesses. Witnesses were examined and the evidence on both sides was recorded at length. The court below also noticed that the petitioner/plaintiff's side evidence was closed on 6.6.2007. Only thereafter, the defendant was examined and the evidence was closed on the side of the defendant on 25.6.2008. At a belated stage, the petitioner filed the present petition to reopen the case on 25.6.2008. It is an attempt to delay the conclusion of the suit and a tactics adopted to prolong the matter without any reason. The court below found that the affidavit filed in support of such petition also is vague and bereft of good reasons for reopening the case.
5. I concurred with the finding of the court below. Petitioner has not shown any bona fide reason to reopen the case. In any event order 18 Rule 17 CPC provides for recall of the witness who has been examined and for that reason, the suit may be reopened. The present case is to let in fresh evidence of the plaintiff's, which cannot be justified.
6. Finding no merits, the Civil Revision Petition is dismissed at the admission stage. Consequently, connected miscellaneous petition is closed.