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Judgment
V.G.Arun, J
1.On the request of the respondents, permission was granted to examine the respondents prior to the commencement of trial. Accordingly, the respondents were examined on 25.01.2021. As the petitioner had to receive certain documents, adjournment was sought for cross examining the respondents. By Ext.P2 order court below rejected the request. Hence this original petition.
Heard the learned Counsel for the petitioner and the respondents.
Taking into consideration the fact that the respondents were examined based on their request under Order XVIII Rule 16 of C.P.C, I am of the opinion that the court below ought to have granted a reasonable opportunity for the petitioner to cross examine the respondents.
Learned Counsel for the respondents submitted that the advanced age of the respondents had prompted the trial court to allow the application under Order XVIII Rule 16. Learned Counsel for the petitioner submitted that, given the opportunity, the cross examination can be completed before the courts close for Christmas holidays.
Taking the above factor also into consideration, the original petition is disposed of, directing the trial court to grant opportunity to the petitioner to cross examine the respondents. A request in this regard can be made by the petitioner before the trial court tomorrow (10.12.2021), which is stated to be the next posting date. On such request being made, the trial court shall permit the petitioner to cross examine the respondents on an early date.