Madras High Court
Balathandayutham @ ... vs R.Kabilan on 19 July, 2021
C.R.P(MD) Nos.955 to 957 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :19.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
C.R.P.(MD)(NPD) Nos.955 to 957 of 2014
and
M.P.(MD)No.1 of 2014
1.Balathandayutham @ Balathandayuthabani
2.M.Rajendran ... Petitioners
( in all petitions)
-vs-
1.R.Kabilan
2.K.Rajamanickam
3.K.Nagarajan ... Respondents
( in all petitions)
COMMON PRAYER: These Civil Revision Petitions are filed under Article
227 of the Constitution of India, to call for the records from the file of the Court
of District Munsif cum Judicial Magistrate, Orathanadu, Thanjavur District
pertaining to the judgment and decree dated 03.03.2014 made in I.A.Nos.50, 51
and 52 of 2014 in O.S.No.24 of 2012 on the file of the Court of the District
Munsif cum Judicial Magistrate, Orathanadu, Thanjavur District and set aside the
same, by allowing this Civil Revision Petitions.
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https://www.mhc.tn.gov.in/judis/
C.R.P(MD) Nos.955 to 957 of 2014
For Petitioner : Mr.S.Kanagarajan
For Respondents : Mr.G.Karnan
( in all petitions)
COMMON ORDER
These Civil Revision Petitions have been filed to set aside the judgment
and decree dated 03.03.2014 made in I.A.Nos.50, 51 and 52 of 2014 in O.S.No.24
of 2012 on the file of the Court of the District Munsif cum Judicial Magistrate,
Orathanadu, Thanjavur District.
2.The facts of the case, in a nutshell, are that the petitioners are the
plaintiffs and the Respondents are the defendants. The above suit was filed for
declaration and injunction. The plaintiffs had filed the above applications in the
present suit, seeking to reopen the case, to recall the evidence of P.W.2 and to
accept the documents. Since the said applications were dismissed, by the
impugned orders, these Civil Revision Petitions have been filed.
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C.R.P(MD) Nos.955 to 957 of 2014
3.The learned counsel for the Petitioners has submitted that the petitioners
were able to trace the documents at their house only belatedly and therefore, they
were unable to present the application to recall the evidence of P.W.2
immediately, after the closure of cross examination of P.W.1 and that it becomes
necessary for the plaintiffs to establish their cases and if the petitions are allowed
with cost, the petitioners are ready to pay the same. Hence, he seeks to allow
these revisions.
4.The learned counsel for the Respondents has submitted that the
applications have been filed after completion of trial proceedings and they have
not given proper explanation as to why the documents have not been marked at
the time of hearings and the petitions have been filed belatedly and only with an
intention to drag on the proceedings, the present applications have been filed and
when the evidence on their side was closed, they have no right to reopen the same
and that the court below is justified in dismissing the applications, by the
impugned order.
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C.R.P(MD) Nos.955 to 957 of 2014
5.This court heard the learned counsel on either side and considered their
submissions and also carefully perused the materials placed on record.
6.The present suit was filed for declaration and injunction. The suit is of
the year 2012. The Plaintiffs should have taken necessary steps to mark the
documents and to examine the witness at the threshold itself or at the time when
the evidence was going on and only to drag on the proceedings, the said
applications had been filed. Considering the said reasons, the court below had
rightly refused to reopen the case, to recall the witness and to accept the
document, by the impugned orders, which warrants no interference by this Court.
7.In fine, these Civil Revision Petitions are dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
19.07.2021
Internet : Yes / No
Index : Yes / No
cp/msa
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C.R.P(MD) Nos.955 to 957 of 2014
A.A.NAKKIRAN, J.
cp/msa
Order made in
C.R.P.(MD)(NPD) Nos.955 to 957 of 2014
and
M.P.(MD)No.1 of 2014
Dated:
19.07.2021
https://www.mhc.tn.gov.in/judis/
