Sivajirajan vs Soroobarani
2022 Latest Caselaw 4676 Mad

                                                                                 C.R.P(MD).No.1238 of 2019


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED :09.03.2022

                                                          CORAM:

                                   THE HONOURABLE MRS. JUSTICE S.ANANTHI

                                               C.R.P(MD).No.1238 of 2019
                                                         and
                                               C.M.P(MD).No.6882 of 2019
                     Sivajirajan                                ...Petitioner/1st Defendant

                                                             Vs.

                     1.Soroobarani
                     2.Thangajothi                                   ...Respondents/Plaintiffs

                     PRAYER : This Civil Revision Petition is filed under Section 227 of the
                     Constitution of India, to call for the records relating to the impugned fair
                     and decreetal order dated 25.01.2019 made in I.A.No.552 of 2018 in
                     O.S.No.67 of 2013 on the file of Subordinate Court, Kovilpatti and set aside
                     the same and allow this Civil Revision Petition.
                                   For Petitioner             : Mr.P.Athimoolapandian
                                   For Respondents            : Mr.M.P.Senthil
                                                                for Mr.P.M.Vishnuvarthanan

                                                         ORDER

This Civil Revision Petition has been filed to set aside the fair and

decreetal order dated 25.01.2019 made in I.A.No.552 of 2018 in O.S.No.67

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of 2013 on the file of the learned Subordinate Judge, Kovilpatti.

2.I.A.No.552 of 2018 was filed by the revision petitioner/1st

defendant under Order 8 Rule (1-A)(3) of CPC., to receive the documents,

which was dismissed by the learned Subordinate Judge, Kovilpatti.

Aggrieved by the said order, the revision petitioner/1st defendant has filed

this Civil Revision Petition.

3.A perusal of records shows that the document is an unregistered

partition deed, in which six members are the parties to the document, but

only four members were signed in the documents. Other two parties,

especially, the respondents/plaintiffs have not signed in the partition deed,

Therefore, the document cannot be marked, even cannot be received for

collateral purpose. As per judgment reported in 2010-2-L.W.828 in the

case of Narendra Kante Vs. Anuradha Kante & Ors. in paragraph No.22 as

follows:

''22.As far as the second question is concerned, a Deed of Family Settlement seeking to partition joint family properties cannot be relied

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upon unless signed by all the co-sharers.''

4.Unless all the parties have signed in the documents, the

documents cannot be received and cannot be looked into for a collateral

purpose. Therefore, the trial Court has rightly dismissed the said I.A.No.

552 of 2018. This Court finds no valid reasons to interfere with the order of

the Court below.

5.In view of the above, this Civil Revision Petition is dismissed.

Since the suit is pending from the year 2013, the learned Subordinate Judge,

Kovilpatti, is directed to dispose of O.S.No.67 of 2013 within a period of

four months from the date of receipt of a copy of this order. No costs.

Consequently, connected miscellaneous petition is closed.

                                                                                 09.03.2022
                     Index    : Yes / No
                     Internet : Yes / No
                     vsd

                     To

                     The Subordinate Court,
                     Kovilpatti.
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https://www.mhc.tn.gov.in/judis C.R.P(MD).No.1238 of 2019

S.ANANTHI, J.

vsd

C.R.P(MD).No.1238 of 2019 and C.M.P(MD).No.6882 of 2019

09.03.2022

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