Madras High Court
Perumal vs A.Sankar on 22 October, 2021
C.R.P.Nos.698,702 & 704 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.10.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
C.R.P.(PD).Nos.698,702 & 704 of 2019
and
C.M.P.No.4575 of 2019
Perumal .. Petitioner in all CRPs
Versus
1.A.Sankar
2.M.Manoharan .. Respondents in all CRPs
Prayer in CRP.No.698 of 2019: Civil Revision Petitions filed under Article
227 of Constitution of India, praying to set aside the order dated 11.01.2019
made in I.A.No.239 of 2018 in O.S.No.52 of 2011 on the file of the learned
District Munsif, Sholinghur.
Prayer in CRP.No.702 of 2019: Civil Revision Petitions filed under Article
227 of Constitution of India, praying to set aside the order dated 11.01.2019
made in I.A.No.238 in O.S.No.52 of 2011 on the file of the learned District
Munsif, Sholinghur.
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C.R.P.Nos.698,702 & 704 of 2019
Prayer in CRP.No.704 of 2019: Civil Revision Petitions filed under Article
227 of Constitution of India, praying to set aside the order dated 11.01.2019
made in I.A.No.240 of 2018 in O.S.No.52 of 2011 on the file of the learned
District Munsif, Sholinghur.
For Petitioner : Mr.G.Jeremiah
For Respondents : Mr.K.V.Ananth Krishnan
COMMON ORDER
The petitioner is challenging the orders passed by the
learned District Munsif, Sholinghur, in I.A.No.239 of 2018, I.A.No.238 of
2018 and I.A.No.240 of 2018 respectively in O.S.No.52 of 2011, dated
11.01.2019.
2. Heard Mr.G.Jeremiah, learned counsel for the petitioner
and Mr.K.V.Ananth Krishnan, learned counsel appearing on behalf of the
respondents.
3. The learned counsel for the revision petitioner submitted
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C.R.P.Nos.698,702 & 704 of 2019
that without stating any reasons, the respondents / defendants herein have
filed an I.A.No.239 of 2018, I.A.No.238 of 2018 and I.A.No.240 of 2018
before the learned District Munsif, Sholinghur, in O.S.No.52 of 2011, to re-
open, to re-call and to receive the documents, which was objected by the
plaintiff for the reason that after completion of the evidence, when the case
was reserved for judgment, the respondents have preferred these I.A.s to
submit the documents after completion of the trial.
4. On hearing both sides, the learned trial Judge allowed
the applications with costs, against which the petitioner has preferred these
revisions.
5. The contention of the revision petitioner is that without
stating any reason the documents were filed.
6.Per contra, the learned counsel for the respondents /
defendants submitted that, earlier, at the time of examination of DW1, the
defendants filed application to receive the document, which was allowed by
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C.R.P.Nos.698,702 & 704 of 2019
the learned trial Judge, against which the revision petitioner has preferred
revision petitions in C.R.P.Nos.1858 and 1859 of 2018, before this Court.
While disposing of the said revision petitions, on 23.07.2018, the defendants
were given liberty to file fresh applications giving all particulars of the
documents and after receiving the same, the trial Court is directed to dispose
of the case in accordance with law.
7. As per the direction given in the said CRPs, the
defendants have preferred those applications against the plaintiff before the
trial Court. But as rightly pointed out by the learned counsel for the
petitioner, even the direction given by this Court in C.R.P.Nos.1858 and 1859
of 2018 also specifically mention adjudicate the issue between the parties
fairly and opportunities were given to both sides in the suit concerned. Even
though, the objection raised by the petitioner is sustainable one, but he could
raise the same at the time of marking of documents before the trial Court.
8. Hence, this Court is inclined to dismiss these Civil
Revision Petitions and confirm the orders passed by the learned District
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C.R.P.Nos.698,702 & 704 of 2019
Munsif, Sholinghur in I.A.No.239 of 2018, I.A.No.238 of 2018 and
I.A.No.240 of 2018 respectively in O.S.No.52 of 2011. The learned trial
Judge is directed to dispose of the suit within a period of three months from
the date of receipt of a copy of this order. Consequently connected
miscellaneous petition is closed. No Costs.
22.10.2021
Index : Yes / No
Speaking Order:Yes/No
rri
To
1.The District Munsif,
Sholinghur.
2.The Section Officer,
V.R.Section, High Court of Madras.
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C.R.P.Nos.698,702 & 704 of 2019
T.V.THAMILSELVI, J.
rri
C.R.P.(PD).Nos.698,702 & 704 of 2019
and
C.M.P.No.4575 of 2019
22.10.2021
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