CRP/5704/2026 of Baby alias M. Saroja Vs Senapathi alias K.Senathipathi on 15 October 2026

ORDER

This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decreetal order passed in I.A.No.10 of 2026 in O.S.No.35 of 2021, dated 04.07.2026, on the file of the learned IV Additional District Judge, Erode District, Bhavani, wherein, the application filed by the petitioner/plaintiff under Order XVIII Rule 17 of CPC to recall DW1 for further cross examination came to be rejected by the Court below.

2. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents.

3. This Court carefully considered the submissions made on either side and the materials available on record. This Court also went through the order passed by the Court below.

4. The petitioner is the plaintiff who filed the suit in OS.No.35 of 2021, seeking for the relief of partition and for allotment of 1/2 share in the suit property and for permanent injunction. The suit reached the stage of examination of witnesses and DW.1 was examined in chief and was also cross examined. At that stage, the petitioner filed IA.No.10 of 2026 under Order XVIII Rule 17 of CPC, to recall DW1 for the purpose of further cross examination on the ground that certain important questions were not put to the

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CRP No. 5704 of 2026 witness during cross examination with respect to the Will and the family arrangement document.

5. The Court below on considering the rival contentions came to a conclusion that DW.1 has been thoroughly cross examined in this case atleast on three occasions and therefore the petitioner has not made out the case to recall DW1 for the purpose of further cross examination of DW.1 and the application itself has been filed only with an intention to drag on the proceedings. Aggrieved by the same, the present CRP has been filed before this Court.

6. This Court carefully went through the cross examination of DW.1. It is seen that DW.1 has been cross examined on three occasions and a very detailed cross examination has taken place wherein many questions have been put regarding the Will and family arrangement to DW.1. Therefore, the Court below was perfectly right in rendering a finding that there is absolutely no ground made out to recall DW.1.

7. In the light of the above discussion, the order passed by the Court below does not suffer from any perversity warranting the interference of this Court and accordingly, this CRP is dismissed. There shall be a direction to the learned IV Additional District Judge, Erode District, Bhavani, to dispose of the suit in

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CRP No. 5704 of 2026 OS.No.35 of 2021, within a period of three months from the date of receipt of a copy of the order.

8. In the result, this Civil Revision Petition is dismissed in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 15-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp

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CRP No. 5704 of 2026 To IV Additional District Judge, Erode District, Bhavani.

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CRP No. 5704 of 2026 N.ANAND VENKATESH J. kp CRP No. 5704 of 2026

15-10-2026

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