Madras High Court
M.Pushparaj vs K.Kanthiah on 16 February, 2021
CRP.NPD.No.3412 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.NPD.No. 3412 of 2016
and
CMP.No.17361 of 2016
M.Pushparaj ... Petitioner
Vs.
K.Kanthiah ... Respondent
PRAYER: The Civil Revision Petition is filed under Section 115 of the
Civil Procedure Code, praying to set aside the judgement and decree dated
05.01.2016 passed in C.M.P.No.1495 of 2013 in A.S.No.535 of 2010 on the
file of I Additional City Civil Court, Chennai and allow the above CRP.
For Petitioner : No Appearance
For Respondent : Mr.S.Balaji
ORDER
This Civil Revision Petition is directed as against the judgement and
decree passed in C.M.P.No.1495 of 2013 in A.S.No.535 of 2010 dated
05.01.2016 on the file of the I Additional City Civil Court, Chennai.
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.3412 of 2016
2. The learned counsel for the respondents submitted that as against
the judgement and decree passed in the Appeal Suit in A.S.No.535 of 2010,
the petitioner herein filed CMA.No.1540 of 2016 and the same was
allowed. The First Appellate Court allowed the Appeal Suit and also
allowed the application in CMP.No.1495 of 2013 filed to send the suit
promissory note for handwriting expert's opinion. The First Appellate Court
remitted back the matter to the trial Court and the trial Court was directed to
send the suit promissory note with admitted signatures for getting
handwriting expert's opinion.
3. The judgment passed by this Court in the said C.M.A.No.1540 of
2016, is as follows:-
“8. The Lower Appellate Court should not have
disposed of the petition in CMP.No.1495 of 2013 along
with the appeal. The Lower Appellate Court should have
taken up the said petition separately and disposed of on
merits and in accordance with law. That apart, merely
because the petition in C.M.P.No.1495 of 2013 has been
allowed, that is not a ground for setting aside the
judgment and decree of the trial Court. The Lower
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.3412 of 2016
Appellate Court itself could have obtained the report from
the Handwriting Expert and disposed of the appeal on
merits and in accordance with law. I do not find any
ground for remanding the matter to the trial Court.
9. It is brought to the notice of this Court that the
appellant/defendant has also filed a Civil Revision Petition
in C.R.P(NPD) No.3412 of 2016 as against the order
passed in C.M.P.No.1495 of 2013 and the same is pending.
10. In these circumstances, the judgment and decree
passed in A.S.No.535 of 2010 are set aside. The matter is
remanded to the I Additional Judge, City Civil Court,
Chennai for fresh consideration. The Civil Miscellaneous
Appeal is allowed.”
4. In the Civil Miscellaneous Appeal in CMA.No.1540 of 2016, this
Court set aside the judgment and decree passed in the Appeal Suit and
directed the First Appellate Court itself to decide the Appeal Suit afresh. In
view of the order passed by this Court in CMA.No.15400 of 2016, the order
passed in CMP.No.1495 of 2013 is also hereby set aside and the First
Appellate Court is directed to dispose of CMP.No.1495 of 2013 afresh in
accordance with law.
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.3412 of 2016
G.K.ILANTHIRAIYAN,J.
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5. In view of the above discussion, this Civil Revision Petition is
allowed. Consequently, the connected Miscellaneous Petition is closed. No
costs.
16.02.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
kv
To
The I Additional City Civil Court, Chennai.
CRP.NPD.No. 3412 of 2016
https://www.mhc.tn.gov.in/judis/
