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Judgment
The present petition is filed impugning the order dated 12.08.2026 passed on I.A. Nos. VI and VII, filed under Order XVIII Rule 17 of the Code of Civil Procedure, 1908, seeking reopening of the evidence and recall of P.W.1 for the purpose of further cross-examination.
Learned counsel appearing for the petitioner submits that further cross-examination of P.W.1 could not be conducted on the dates fixed for the said purpose due to circumstances beyond the control of the petitioner. It is further submitted that the same witness was required to be cross-examined in the miscellaneous proceedings as well.
Learned counsel further submits that the opportunity of cross-examination could not be availed due to the demise of a family member of the counsel for the petitioner and also on account of certain personal inconvenience, which has been explained and supported by relevant documents.
It is submitted that the inconvenience faced by the counsel ought not to result in denial of an opportunity to the petitioner to further cross-examine P.W.1.
Per contra, learned counsel appearing for the respondents on caveat submits that the present case is not one of denial of opportunity, but of failure on the part of the petitioner to avail the sufficient opportunities granted by the learned Trial Court. It is submitted that the impugned order does not suffer from any error warranting interference by this Court.
Considered the submissions made by learned counsel for the parties.
In view of the limited issue involved and in light of the undisputed submissions made by learned counsel for the petitioner, this Court is inclined to entertain the present petition. Any inconvenience to the counsel in proceeding with cross-examination of the witnesses should not result in denial of opportunity to the petitioner and prejudice the valuable right.
Accordingly, the following order:
ORDER
The writ petition is allowed.
The order dated 12.08.2026 passed in O.S. No.3004/2021, pending on the file of XXXI Addl. City Civil and Sessions Judge, Bengaluru, is hereby set aside.
I.A. Nos. VI and VII filed under Order XVIII Rule 17 of the Code of Civil Procedure, 1908, are hereby allowed.
The petitioner is permitted to further cross-examine P.W.1 on the next date of hearing, i.e., 26.09.2026.
Learned counsel for the petitioner shall avoid seeking unnecessary adjournments.
The petitioner shall deposit costs of Rs.2,000/-with the Karnataka Legal Services Authority within two weeks. The acknowledgement shall be placed before the trial Court.