Madras High Court
Lile Jacques vs Lleen on 17 November, 2021
A.S.No.1216 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
A.S. No.1216 of 2015
and M.P. Nos.1 & 2 of 2015
Lile Jacques ... Appellant
vs
1.Lleen
2.Regina
3.Angeline
4.Irudayamarie @ Julia
5.Sathyakumar ... Respondents
Prayer: Appeal Suit filed under Order XLI Rule 1 read with Section
96 of C.P.C. against the judgment and decree made in O.S. No.52 of
2011 dated 11.02.2014 on the file of the II Additional District Judge,
Pondicherry.
For Appellant : Mr.K.Sukumaran
For Respondents : Mr.A.Swaminathan for R1 to R3
Mr.R.B.Annadurai for R4 & R5
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A.S.No.1216 of 2015
JUDGMENT
[Judgment of this Court was delivered by T.RAJA, J.]
This appeal has been directed against the judgment and decree
dated 11.02.2014 passed by the II Additional District Judge,
Pondicherry in O.S. No.52 of 2011.
2.When the matter is taken up for hearing, learned counsel
appearing for the appellant submitted that although trial was
conducted, only due to the mistake committed by the counsel, who
appeared before the Trial Court for the appellant/third defendant, the
case was proceeded exparte against the appellant/third defendant
and the same was not brought to the notice of the appellant.
Aggrieved thereby, this appeal has been filed. Learned counsel
appearing for the appellant pleaded that when it is a partition suit,
the counsel, who appeared before the Trial Court for the appellant,
could have intimated the appellant regarding the hearing of the case.
Therefore, huge suspicion and doubt have been arisen as to whether
he has got any collusion with other party. Hence, the impugned
decree and judgment is liable to be set aside and the matter may be
remanded back to the Trial Court for fresh trial with a specific
direction to the Trial Court to take up the matter and to hear the
case on day today basis and dispose of the same within a period of
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A.S.No.1216 of 2015
three months.
3.Opposing the above submission made by the learned counsel
appearing for the appellant, learned counsel appearing for
respondents 1 to 3 and 4 and 5 submitted that the contention made
by the learned counsel appearing for the appellant that the parties to
the partition suit were jeopardized cannot be accepted because in the
partition suit, once the matter is taken up for Trial, the legal issues
would be demonstrated before the Trial Court. Therefore, this Court
can also look into those documents and can easily appreciate the
same, while disposing of the matter.
4.But we are unable to proceed with the matter, as the suit has
been filed by respondents 1 to 3/plaintiffs for partitioning the suit
property and the same was proceeded exparte against the appellant.
Therefore, the request made by the learned counsel appearing for the
appellant could be accepted on reasonable terms. Accordingly, the
appellant is directed to pay a sum of Rs.25,000/- to the counsel for
the respondents.
5.Since the suit is of the year 2011, instead of summoning all
those documents from the Trial Court, we are inclined to dispose of
the matter by remanding the matter back to the Trial Court.
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A.S.No.1216 of 2015
Accordingly, the impugned judgment and decree passed by the Trial
Court are set aside and the matter is remanded back to the Trial
Court for fresh consideration. The Trial Court is directed to take up
the matter, on priority basis and dispose of the same, on the basis of
oral and documentary evidence filed by the parties, preferably within
a period of four months from the date of receipt of a copy of this
order, on merits and in accordance with law. Both the parties are
permitted to file necessary documents, if any and are directed to co-
operate with the Trial to be conducted by the Trial Court.
6.With the above direction and observation, the appeal stands
disposed of. Consequently, M.P. Nos.1 and 2 of 2015 are closed.
7.Registry is directed to send the records forthwith.
[T.R.,J.] [D.B.C.,J.]
17.11.2021
vga
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A.S.No.1216 of 2015
To
1.The II Additional District Judge, Pondicherry.
2.The Section Officer,
V.R. Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
A.S.No.1216 of 2015
T.RAJA,J.
and
D.BHARATHA CHAKRAVARTHY,J.
vga
A.S. No.1216 of 2015
and M.P. Nos.1 & 2 of 2015
17.11.2021
https://www.mhc.tn.gov.in/judis
