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Judgment
S.R. Krishna Kumar, J
This petition is directed against the impugned order dated 02.11.2023 passed in FDP No.2/2016 on the file of the Additional Senior Civil Judge and JMFC, KGF, [for short, ‘the trial Court’] whereby the applications filed by the petitioner to recall PW.1 for further cross examination and for reopening the case was rejected by the trial Court.
Heard the learned counsel for the parties.
The material on record discloses that the respondent No.1 who was the petitioner in FDP No.2/2016 examined herself as PW.1 and was partly cross examined by the petitioner. Subsequently, the petitioner changed his learned counsel before the trial Court and filed the instant application seeking recall of PW.1 and for permission to further cross examine PW.1 and also adduce further evidence. The said applications having been opposed by the respondent No.1, the trial Court proceeded to pass the impugned order rejecting both the applications filed by the petitioner who is before this Court by way of the present petition.
The learned counsel for the petitioner submits that due to bonafide reasons, unavoidable circumstances and sufficient cause, it was not possible for the petitioner to complete the cross examination of PW.1 and also adduce evidence and if one more opportunity is granted, the petitioner would cross examine PW.1 on the next date of hearing in FDP No.2/2016 which is currently posted on 04.01.2024 without seeking any adjournment under any circumstances whatsoever.
Per contra, the learned counsel for the respondent No.1 submits that the respondent No.1 [PW.1] who is physically present before this Court today will also remain present before the trial Court on 04.01.2024 and tender herself for cross examination. In view of the aforesaid facts and circumstances, and the joint submission made by both sides, by adopting justice oriented approach, I deem it just and appropriate to set aside the impugned order and permit the petitioner to cross examine PW.1 on 04.01.2024 without seeking for adjournment under any circumstances whatsoever and immediately upon completion of cross examination of PW.1, the petitioner shall also adduce evidence on the date to be fixed by the trial Court without seeking for adjournment. In the result, the following:
ORDER
[a] The petition is hereby allowed.
[b] The impugned order dated 02.11.2023 in FDP No.2/2016 on the file of the Additional Senior Civil Judge and JMFC, KGF is hereby set aside.
[c] The applications filed by the petitioner to recall PW.1 for further cross examination and for reopening of the case are allowed and further permitted to adduce evidence.
[d] The petitioner is permitted to cross examine PW.1 on 04.01.2024 without seeking any adjournment under any circumstances whatsoever and the petitioner shall also adduce evidence on the date to be fixed by the trial Court.
e] All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.