Madras High Court
Gajendran vs Rajaram on 21 December, 2021
S.A.No.275 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
S.A.No.275 of 2016
and C.M.P.No.5271 of 2016
1.Gajendran
2.Sivagami
3.Lokeshkumar
4.Jayanthi
5.Minor Udayakumar
(minor represented by next
friend Guardian mother
Sivagami) ... Appellants
(cause title accepted
vide order of court dated
27.10.15 made in M.P.No.1 of 2015)
Vs.
Rajaram ... Respondent
PRAYER: The Second Appeal has been filed under Section 100 of the Civil
Procedure Code to set aside the decree and judgment dated 12.03.2014 passed
1/5
https://www.mhc.tn.gov.in/judis
S.A.No.275 of 2016
in A.S.No.50 of 2013 by the II Additional Subordinate Judge, Cuddalore
confirming the decree and judgment dated 13.09.2011 passed in O.S.No.295 of
2009 by the Principal Munsif Court, Cuddalore.
For Appellants : Mr.D.Baskar
For Respondent : Mr.P.M.Subramanianm
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JUDGMENT
Aggrieved over the concurrent findings of the Courts below, the
defendant has preferred the above Second Appeal.
2. The suit was filed by the respondent/plaintiff for declaration of
title and injunction. The Trial Court framed appropriate issues and decreed the
suit. On appeal, the appellant herein filed an application under Or.41 R.27
C.P.C for receiving additional documents. The said application was numbered
as I.A.No.15 of 2014 in A.S.No.50 of 2013. Even though the application was
received by the Court below, it was not taken up along with the appeal while it
was argued. The Appellate Court has proceeded on the materials placed before
it without considering the application filed for receiving the additional
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S.A.No.275 of 2016
documents. The First Appellate Court has disposed of the application by way of
a separate order on the same day when the appeal was disposed of.
3. It is well settled that the application for receiving additional
documents under OR.41 R.27 C.P.C and the appeal has to be considered
together. It is always open to the First Appellate Court either to accept the
application or refuse to receive the documents. If the documents are refused to
be received, it can proceed with the appeal on merits on the basis of available
documents. If the documents are received opportunity to adduce further
evidence on the basis of the documents shall be afforded and the appeal shall
be disposed of considering the additional materials received. At any costs the
application shall be disposed of along with the appeal and separate order cannot
be passed. Therefore, non consideration of the application while deciding the
appeal is erroneous. For the limited purpose, the judgment in A.S.No.50 of
2013 dated 12.03.2014 is set aside as well as the order passed in I.A.No.15 of
2014 dated 12.03.2014 stands set aside and the matter is remitted back to the
First Appellate Court for passing an order in accordance with law. First
Appellate Court is directed to dispose of the appeal within a period of two
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S.A.No.275 of 2016
months from the date of receipt of a copy of this judgment. Status Quo shall be
maintained by the parties till the disposal of the appeal. Second Appeal is
disposed of in the above terms. There shall be no order as to costs.
Consequently connected miscellaneous petition is closed.
21.12.2021
Index : Yes/No
Internet : Yes/No
Speaking / Non-speaking order
To
1. The II Additional Subordinate Judge, Cuddalore
2.The Principal Munsif Court, Cuddalore.
https://www.mhc.tn.gov.in/judis
S.A.No.275 of 2016
M. GOVINDARAJ, J.
kpr
S.A.No.275 of 2016
and C.M.P.No.5271 of 2016
21.12.2021
https://www.mhc.tn.gov.in/judis
