urgent query: closure of evidence of plaintiff

ronak (Querist) 08 February 2012 This query is : Resolved
URGENT

Case Facts: Property case
Plaintiff filed the case before trail court (civil judge sr. div.) and then defendant filed written statement.

After this plaintiff were giving three opportunities to laid down its evidence but all in vain .. however he changes his counsel in last third opportunities(according to order 17 rule 1)
But court order to closure of evidence of plaintiff...

What are its Remedy(for plaintiff)?
1. application under sec-151 to open once again evidence of plaintiff regarding one more opportunity
2. Appeal before appealate court
3. Review
4. Writ before high court

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adv. rajeev ( rajoo ) (Expert) 09 February 2012
You need not file an appeal. File an application to recall the plaintiff for further chief examination

V R SHROFF (Expert) 09 February 2012
Let Plaintiff file Aff in cheif exam.
As issues not framed, court cannot order to closure of evidence of plaintiff...

Devajyoti Barman (Expert) 09 February 2012
First try under section 151 read with Order 18 rule 17 cpc.
If not succeed then file Revision.

Raj Kumar Makkad (Expert) 09 February 2012
Revision before High Court is the only remedy if the evidence has been closed.

prabhakar singh (Expert) 09 February 2012
The court can recall its order on costs ,in case it denies revision lies.

M/s. Y-not legal services (Expert) 09 February 2012
yes., plaintiff can reopen the case for recall the witness..

-tom-

venkatesh Rao (Expert) 09 February 2012
Yes, -Application u/o18 r17 r/w 151 CPC rather u/s 151 cpc r/w u/o18 r17.

ronak (Querist) 09 February 2012
I just want to add up..
As issues are framed already...
So is it appellable? before appealate court
i.e here District judge

also how can one recall the witness/ plaintiff for evidence in o 18 r17 if the witness/plaintiff are never examined....

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