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K. K. Velusamy vs. N. Palanisamy (SC)

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Code of Civil Procedure, 1908–Sec. 151 & Order 18, Rule 17–Re-opening the evidence and recalling the witness for cross-examination for admission made during conversations recorded–Application was dismissed & order was upheld by the High Court–Courts below have mechanically dismissed the application only on the ground that case reached to argument stage–Agreement to sale was executed to secure the loan of Rs. 1,50,000/- and this stand was taken consistently–Held, it was a fit case to exercise the power u/s. 151 CPC–Order set aside–To meet the ends of justice and to prevent abuse of
process of Court, power u/s. 151 can be exercised.