Madras High Court
Dasarathan vs P.S.Gnanadoss @ Pappaiyan on 3 January, 2022
C.R.P.(PD)No.4239 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.R.P.(PD)No.4239 of 2014
and M.P.No.1 of 2014
Dasarathan .. Petitioner
Vs.
1.P.S.Gnanadoss @ Pappaiyan
2.Ilangovan .. Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the
Constitution of India, against the fair and decretal order dated 19.09.2014
made in I.A.No.396 of 2014 in O.S.No.297 of 2004 on the file of the
District Munsif Court, Ambur, Vellore District.
For Petitioner : Mr.C.Parthiban
for Mr.M.V.Krishnan
For respondents : No appearance
1/8
https://www.mhc.tn.gov.in/judis
C.R.P.(PD)No.4239 of 2014
ORDER
(The matter is heard through “Video-conferencing”)
Civil Revision Petition is filed against the fair and decretal order
dated 19.09.2014 made in I.A.No.396 of 2014 in O.S.No.297 of 2004 on
the file of the District Munsif Court, Ambur, Vellore District.
2.The petitioner is plaintiff in O.S.No.297 of 2004 on the file of the
District Munsif Court, Ambur, Vellore District. He filed the said suit for
declaration, permanent injunction and recovery of possession against the
respondents. The 1st respondent filed written statement. The trial
commenced. The petitioner examined three witnesses as P.W.1 to P.W.3
and they were cross-examined. At that stage, the petitioner filed present
I.A.No.396 of 2014 under Order VII Rule 14(3) of C.P.C., for leave to file
additional documents mentioned therein.
3.According to the petitioner, those documents were marked in
another suit and he got return of documents only few days before filing of
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C.R.P.(PD)No.4239 of 2014
the present application. The delay in filing the said documents is neither
wilful nor wanton and prayed for allowing the application and permitting
the petitioner to file those documents.
4.The respondents filed counter affidavit and denied all the
averments made in the application and stated that suit relied on by the
petitioner was dismissed long back and nothing prevented the petitioner
from getting back those documents earlier to his examination. The
petitioner has already filed one application to receive some of the
documents. Even along with that documents, the petitioner has not
chosen to file present documents, which shows that the petitioner
wantonly delaying the proceedings by filing one petition after another.
The reason given by the petitioner is not sufficient. The petitioner has not
stated through whom he is going to mark those documents and prayed for
dismissal of the said application.
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C.R.P.(PD)No.4239 of 2014
5.The learned Judge considering the averments in the affidavit and
counter affidavit, dismissed the application holding that the petitioner
has not stated through whom he is going to mark the documents.
6.Against the said order of dismissal dated 19.09.2014 made in
I.A.No.396 of 2014 in O.S.No.297 of 2004, the petitioner has come out
with the present Civil Revision Petition.
7.Though notice has been served on the respondents and their
names are printed in the cause list, there is no representation for them
either in person or through counsel.
8.Heard the learned counsel appearing for the petitioner and
perused the entire materials on record.
9.From the materials on record, it is seen that the petitioner has
sought for leave under Order VII Rule 14(3) of C.P.C., to file additional
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C.R.P.(PD)No.4239 of 2014
documents in the suit. According to the petitioner, those documents were
marked in another suit and he received those documents from the Court
only few days before filing of the present application. The petitioner has
not stated anything in the affidavit that in which suit, he has filed these
documents and when the said suit has attained finality. Further, the
petitioner has not stated any reason for not including those documents
before commencement of trial or at that time, when he filed earlier
application for leave to file documents. On the other hand, the
respondents have stated in the counter affidavit that another suit referred
to by the petitioner in the application was dismissed long back. The
petitioner has not disputed the said averments by filing reply to the same.
10.The issue at what stage, the Court can grant leave to file
additional documents came up for consideration before the Hon'ble Apex
Court in (2013) 14 SCC 612 (Kapil Kumar Sharma vs. Lalit Kumar
Sharma and another). The facts of the case in the judgment referred to
above is that the learned Single Judge of the High Court on its Original
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C.R.P.(PD)No.4239 of 2014
Side (trial Judge) dismissed the applicant's application for leave to file the
documents. The applicant filed appeal before the Division Bench of Delhi
High Court and the Division Bench of Delhi High Court dismissed the
appeal on the ground that as matters were ready for hearing and at the
stage of cross-examination. The said order was taken on file by the
Hon'ble Apex Court. The Hon'ble Apex Court allowed the application as
cross-examination has not yet commenced. In the present case, three
witnesses were examined and cross-examined. The petitioner has filed
application at the belated stage after examination of chief and cross-
examination of three witnesses on his behalf. Further, the petitioner has
also not stated as to why he has not filed these documents along with
earlier application filed by him for leave to file documents. In view of the
judgment of the Hon'ble Apex Court and earlier order in the application,
the present application filed by the petitioner is not maintainable and is
liable to be dismissed and is hereby dismissed.
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C.R.P.(PD)No.4239 of 2014
11.In the result, the Civil Revision Petition stands dismissed. No
costs. Consequently, connected Miscellaneous Petition is closed.
03.01.2022
Index : Yes/No
Internet: Yes/No
kj
To
The District Munsif
Ambur, Vellore District.
https://www.mhc.tn.gov.in/judis
C.R.P.(PD)No.4239 of 2014
V.M.VELUMANI,J.
Kj
C.R.P.(PD)No.4239 of 2014
and M.P.No.1 of 2014
03.01.2022
https://www.mhc.tn.gov.in/judis
