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Judgment
This petition has been filed seeking to challenge an order dated 11.07.2024 in O.S.No.7703/2016 passed by the learned XXXI Additional City Civil and Sessions Judge at Bengaluru (hereinafter referred to as the “Impugned Order”). By the Impugned Order, two applications, (i) I.A.No.V under Section 151 of the Code of Civil Procedure, 1908 [hereinafter referred to as the ‘CPC’], seeking to recall an order dated 09.12.2019 and to re-open the case for marking the documents and (ii) I.A.No.VI under Order VII Rule 14(3) read with Section 151 of the CPC, seeking an order to permit the plaintiff to produce the documents, by the petitioner/plaintiff, were dismissed.
After some arguments, learned counsel for the petitioner/plaintiff submits that the suit is at the stage of evidence of the respondent/defendant. However, since the matter is pending before this Court, the proceedings are not moving expeditiously before the learned Trial Court. Thus, the learned counsel for the petitioner/plaintiff submits that if only one opportunity is granted to the petitioner/plaintiff, to recall PW-1, on a date, the matter could be disposed of expeditiously.
The learned counsel for the respondent/defendant, on the other hand, submits that the matter is posted before the learned Trial Court on 05.10.2026. However, if the petitioner/plaintiff is put to terms and the time schedule is limited to one opportunity on one date, the respondent/ defendant would have ‘no objection’.
The record reflects that these applications were filed on 13.11.2020, but decided on 11.07.2024.
However, and in view of the consensus between the parties and in the interest of expediency, the Court deems it apposite to grant one opportunity to the petitioner/ plaintiff to recall PW-1 and for marking the documents in terms of the conditions set forth below.
Accordingly, the following directions are passed:
ORDER
PW-1 shall appear before the learned Trial Court on the next date of hearing, i.e., 05.10.2026 for marking of documents produced on 13.11.2020;
The respondent/defendant shall be permitted to cross-examine PW-1 on that date or on the next date of hearing on the documents;
The petitioner/plaintiff shall be permitted to re-examine PW-1, if required;
The entire process will be conducted at the earliest;
The marking and the cross-examination will be limited to the documents filed by the petitioner/plaintiff, on 13.11.2020.
The learned counsel for the parties submit that they will not take any unnecessary adjournments before the learned Trial Court. The parties are bound by the statement made by their counsel before the Court today.
The learned Trial Court shall endeavor to conclude the trial as expeditiously as possible.
The Impugned Order is set aside in the aforegoing terms.
It is clarified that the Court has not examined the matter on merits. The rights and contentions of both parties are left open to be agitated before the learned Trial Court.
The petition is accordingly disposed of. All pending applications stand closed.