THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.4413 of 2011 December 08, 2011 Between: Allada Kalika Devi, W/o.Satyanarayana And another ... Petitioner And Padala Sujatha, W/o.Vijaya Bhaskara Reddy And another ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.4413 of 2011 ORDER: The ﬁrst respondent herein ﬁled the suit against the petitioners (hereafter, the defendants) for recovery of amount based on the mortgage. The defendants are opposing the suit. After completion of the trial, the matter was posted for arguments on 25.4.2011. At that stage the plaintiﬀ ﬁled three applications. These are: (i) IA No.667 of 2011 to reopen the matter for the purpose of adducing further evidence of the plaintiﬀ; (ii) IA No.1247 of 2011 to summon the Sub-Registrar, Rajahmundry to prove the execution and registration of Ex.A1 mortgage deed and Ex.A2; and (iii) IA No.1250 of 2011 to recall D.W.1. The defendants opposed the applications. The trial Court dismissed I.A.Nos.1247 and 1250 of 2011, but having regard to the fact that while marking Ex.A1 which is an important suit document the plaintiﬀ did not examine the attestor, the trial Court allowed IA No.667 of 2011 only to the extent of examining the attestor of Ex.A1 i.e., M.Satish Kumar, and also scribe of Exs.A1 and A3 i.e., Machiraju Venkateswara Rao. The said order of the trial Court is assailed in this revision petition under Article 227 of the Constitution of India. The Counsel for the petitioners/defendants would vehemently contend that reopening the suit for the purpose of examining the attestor of Ex.A1 mortgage deed would amount to ﬁlling up lacuna and, therefore, the same cannot be allowed. Per contra, the Counsel for the respondent/plaintiﬀ relies on the decision of this Court in Sultan Saleh Bin Omer v Vijayachand Sirimal[1] and would submit that the Court is empowered to reopen the trial of the suit at any stage for the purpose of adducing evidence. After perusing the material on record and the decision in Sultan Saleh Bin Omer this Court is convinced that the impugned order does not suﬀer from any error apparent on the face of the record warranting interference under Article 227 of the Constitution. The submission of the Counsel for the petitioners that after closure of the trial and at the stage of arguments, the suit cannot be permitted to be reopened is devoid of any merit. In Sultan Saleh Bin Omer it was held as follows. A combined reading of all these provisions makes it abundantly clear that the Code has not provided for hearing of arguments as a distinct stage in the trial of the suit. On the other, hand, according to Order 15, Rule 3, the hearing of the suit includes both production of evidence, as well as argument. It is in the option of the parties to argue their case after the evidence in the suit is closed, and it is for them to decide whether they will exercise their privilege or not. In other words, once the trial of the suit is taken up and the examination of the witnesses has commenced, the hearing of the suit is said to begin; and that hearing comes to an end only with the delivery of the judgment, or when the suit is posted for judgment where it is reserved. In cases, therefore, where the suit has not been posted for judgment, but is posted for hearing arguments of one side or the other, it should be remembered that the hearing of the suit is not concluded, though the recording of evidence might have been ﬁnalised by both the parties. In such cases, either party is not precluded from making a request for examination of additional witnesses, or making documents, merely on the ground that the trial is closed and the matter is posted for arguments, whether the request should be granted or not, is however a matter to be decided on its merits, bearing in mind the fact that it is belated. Following the above decision, it must be held that the revision petition is devoid of any merit and the same is, accordingly, dismissed without any order as to costs. ________________ (V.V.S. RAO, J) December 08, 2011 YS [1] 1966 (1) An.WR 22