M.K.CHELLAPPAN NAIR Vs. KERALA STATE ELECTRICITY BOARD LTD

JUDGEMENT

(1.) In this Original Petition, the prayer is to set aside Ext.P3 order passed by the court below allowing I.A.No.6/2020 permitting the respondents herein to reopen the evidence for the purpose of re- examination of PW1.

(2.) Heard.

(3.) The respondents herein filed the above Interlocutory Application under Order 18 Rule 17 CPC praying for re-opening plaintiff's evidence for the purpose of further examination of PW1. It is contended that when PW1 was examined, he failed to clarify the fact that there is a building in plaint A schedule property and the erstwhile building in the B schedule property had been already demolished. To a suggestion by the defence that there are about 30 buildings in the property acquired vide L.A.81/1964, PW1 failed to give the answer that there are only seven buildings including, temple, KSEB Section Office, Arakulam and Fire Force Office. The respondents also wanted to make a correction in the affidavit filed in lieu of the chief-examination, to the effect that the extent of B schedule property is 9.192 cents instead of 9.182 cents.